Resolution 07-004 Supporting TMDL Process for Spokane River CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
RESOLUTION NO. 07-004
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE. COUNTY,
WASHINGTON, SUPPORTING THE "MEMORANDUM OF AGREEMENT
REGARDING FOUNDATIONAL CONCEPTS, MANAGED IMPLEMENTATION
PLAN, AND DISSOLVED OXYGEN TOTAL MAXIMUM DAILY LOAD (TMDL) FOR
THE SPOKANE RIVER."
WHEREAS, the City of Spokane Valley, along with other entities, recognizes that the State of
Washington's Department of Ecology, Spokane County Commissioners, Liberty Lake Sewer and Water
District, City of Spokane, Kaiser Aluminum Fabricated Products, LLC, and Inland Empire Paper
Company, have reached an agreement in principle with regard to the Spokane River Dissolved Oxygen
TMDL; and
WHEREAS, the City of Spokane Valley also recognizes that the above-named entities have agreed to
execute the "Memorandum of Agreement Regarding Foundational Concepts, Managed Implementation
I'lan, and Dissolved Oxygen TMDL for the Spokane River;"and
WHEREAS, implementation of water conservation and water re-use programs as well as other elements
of the Managed Implementation Plan have a direct impact on the citizens of the City of Spokane Valley
and the development of property within the boundaries of the City of Spokane Valley.
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County, Washington, that the City of Spokane Valley supports execution and implementation of the
"Memorandum of Agreement Regarding Foundation Concepts, Managed Implementation Plan, and
Dissolved Oxygen TMDL for the Spokane River," and expresses gratitude for the magnitude of work
accomplished thus far which enabled the drafting and finalization of said Memorandum of Agreement.
Effective Date. This Resolution shall be in full force and effect upon adoption.
Adopted this 101t'day of April, 2007.
City of Spokane Valley
cA- TES .
_, Arb_A...-4,, S okeu\k:,w ak.,-6..,
Ciq_elerk Christint. Ba 'ridge _ Mayor Diana Wilhite
Approved as to Fort
0 ice of the City Attorney
Resolution 07-004 Supporting MOU for TMDL Page I of I
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MEMORANDUM OF AGREEMENT REGARDING FOUNDATIONAL CONCEPTS,'
MANAGED IMPLEMENTATION PLAN,AND DISSOLVED OXYGEN TMDL FOR
THE SPOKANE RIVER
•
THIS MEMORANDUM OF AGREEM.ba is entered into and effective this day
of • , 2007,by and between the Washington State Department of Ecology,
Spokane County, the City of Spokane, the Liberty Lake Sewer and Water District,Kaiser
Aluminum Fabricated Products, LLC, and Inland Empire Paper Company,collectively referred
to as"the.parties.
RECITALS
•
W1-1 JAS, the parties have reached an agreement in principle with regard to the
Spokane River Dissolved Oxygen TMDL, as set forth in the document entitled, "Foundational
Concepts for the Spokane River TMDL Managed Implementation Plan"("Foundational
Concepts document"), which is attached hereto as "Exhibit A,"and
WHEREAS, the parties desire to enter into a Memorandum of Agreement to more
formally memorialize the Foundational Concepts document.
AGREEMENT
NOW,'THEREFORE, the parties agree that the foundational concepts described in the
Foundational Concepts document are hereby accepted by the parties and will begin guiding
TMDL implementation as of the effective date of this Agreement
The parties further agree that the Managed.Implementation Plan for the Spokane River •
Dissolved Oxygen TMDL and the Spokane River Dissolved Oxygen TMDL will be drafted
consistent with the Foundational Concepts document.
•
• SIGNED on
STATE.OF WA.S.RINGTON,
DEPARTMENT OF ECOLOGY .
By
Title: Director •
507590 15.6 l
ADOPTED by the Board of County Commissioners of Spokane County,Washington this
day of , 2007.
Mark Richard, Chair.
ATTEST:
Bonnie Mager,Vice-Chair
Dauiela.Erickson. Todd lvlielke, Commissioner
Clerk of the Board
SIGNED on •
LIBERTY LAKE SEWER&WATER DISTRICT
Tom.Agnew, President
•
Frank L. Boyle,Commissioner
.
SIGNED on •
CITY OF SPOKANE
By
Deputy Mayor •
Attest: Approved as to form:
City Clerk Assistant City Attorney
5075M5s4 2
t r
SIGNED.on
KAISER ALUMINUM FABRICATED
PRODUCTS, LLC
By
Mike Zerga
Kaiser Trentwood Plant Manager
SIGNED on
INLAND EMPIRE;PAPER COMPANY
•
By
Wayne D. Andresen
•
President and General Mariager
•
SO759OS5.6- 3
Foundational Concepts for the
Spokane River TMDL Managed Implementation Plan
June 30, 2006
The Spokane River does not have enough dissolved oxygen (DO) during the months of
April through October to meet current Water Quality Standards. The best available
science shows that excess phosphorus is the main cause of this problem. There is
agreement among those who petitioned Ecology in 2004, other interested parties and
Ecology that actions are needed as soon as possible to improve the River's condition,
and, by assuring treatment capacity for septic tank discharges, further protect the
quality of the Spokane Valley— Rathdrum Prairie Aquifer: Low dissolved oxygen also
results from carbonaceous biochemical oxygen demand (CBOD) and ammonia. For the
purpose of implementing the Spokane River Dissolved Oxygen TMDL, it is assumed
that efforts to control phosphorus will also serve to control CBOD and ammonia.
Reducing significant amounts of phosphorus in the River during the April-October
season and achieving Water. Quality Standards for dissolved oxygen are the goals of
the Spokane River Dissolved Oxygen TMDL Managed Implementation Plan (MIP).
In the October 2004 Draft Total Maximum Daily Load to Restore and Maintain Dissolved
Oxygen in the Spokane.River and Lake Spokane (Long Lake), Ecology estimated a
reduction target;of approximately 208 pounds/day of phosphorus from point sources,
non-point sources and other controllable sources. Most of this reduction is anticipated
to come from improvements in point source wastewater treatment technology located
between the Idaho state line and the Lake Spokane Dam.
The best available science conclusively demonstrates significant phosphorus reductions
will improve DO in the River and Lake Spokane. How the River will respond to
significant phosphorus reductions, the full extent of the reductions necessary to alleviate
DO deficiencies, and the phosphorus reductions possible over the next 20 years are not
precisely clear at this time. Hence, an aggressive, managed approach'that removes
phosphorus from a variety of sources through a variety of methods and monitors and
assesses the impacts on DO over the next 20 years is a reasonable way to maximize
the effectiveness of the sizable investments necessary to improve the River.
Capsule Summary of Approach
Currently there is not well-established technology that can reliably treat a variety of
wastewater discharges and achieve the River phosphorus levels required to improve
DO sufficiently to meet Water Quality Standards. There is, however, technology that
significantly reduces phosphorus from effluent and that can bring current discharges
much closer to the levels required by Water Quality Standards. The Spokane River
Collaboration refers to the difference between what technology improvements can
achieve'and the TMDL levels to meet Water Quality Standards as "the Delta."
vzi 1
The MIP provides reasonable assurance that Water Quality Standards can be achieved
during the first ten years of MIP effort by installing the most effective feasible
phosphorus removal treatment technology and completing a planned and scheduled
group of actions aimed at eliminating the Delta. The foundational concepts described
here will begin guiding TMDL implementation when accepted by Ecology and affected
National Pollutant Discharge Elimination System (NPDES) permit holders.
While phosphorus reductions from technology improvements and other actions can be
estimated, their true impact on DO requires actual implementation experience and
resultant measurement of DO levels in the River and Lake Spokane. The first ten years
of MIP efforts need to.be in place and operational prior to their consequences being fully
assessed. A thorough assessment after the 10th year of the MIP will provide the
information necessary to guide actions for a second ten year MIP period. These second
period actions will include continuation of successful actions conducted in the first 10
years, such as operation of the treatment technology and other permanent phosphorous
reduction efforts, and they could include new actions such as consideration of river
oxygenation and/or reconsideration of Water Quality Standards applied to the River and
Lake Spokane. The MIP's actions necessary to eliminate an NPDES permit holder's
Delta will be enforceable over the 20 year life of the MIP and the TMDL phosphorous
waste load allocation will become enforceable requirements at the end of the 20 years
covered by the MIP.
•
During the MIP term, the NPDES permits applicable to individual dischargers will
include interim limits and.other requirements as described below in the section titled
"AIPDES Permit Cycle."
•
Ecology Will Complete the Dissolved Oxygen TMDL Consistent with
the Foundational Concepts -
The foundational concepts in this document are the result of substantial deliberation by
the Spokane River Collaboration. This effort placed completion of the Draft TMDL"on
hold" prior to its-being made final and submitted to the Environmental Protection'Agency
for review. Ecology will re-draft the Draft Spokane River Dissolved Oxygen TMDL to
include a MIP consistent with the principles described here. The re-draft will be subject
to the same public review process and administrative procedures used for the earlier •
Draft TMDL. As well, Ecology will continue to work on a government-to-government
basis with the Spokane Tribe of Indians to ensure compliance with downstream Tribal
water quality•standards.
•
•
Waste Load Allocation Targets
A TMDL requires waste load allocations (WLA) for the affected NPDES permit holders.
These targets, expressed in concentrations.in the draft TMDL, willbe slightly revised in
the re-drafted TMDL to reflect upstream permitting in Idaho and an April-October rather
than June-October critical period (see the boxed table on page 24, Draft Total Maximum
Daily Load to Restore and Maintain Dissolved Oxygen in the Spokane River and Lake
Spokane, October 2004). The total phosphorus concentrations, as allocations in the
TMDL rounded to the nearest microgram will remain 10pg/l.•
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In the MIP, however, the 10 pg/l total phosphorus targets will be expressed as pounds
of phosphorus discharge in the River based on the discharge volume estimates •
established through the Collaboration. The translation from concentration to pounds of
phosphorus forms the basis for measuring success in meeting each phosphorus waste
load allocation target under the MIP. Success in meeting the pounds of phosphorus
target will be achieved by the installation of the most effective feasible phosphorus
removal treatment technology and implementation of other phosphorus reduction
actions that together result in the net pounds of phosphorus discharged to the River by
the dischargers being equal to or less than the target pounds. The following table
shows the pounds per day phosphorus targets for each Washington State NPDES
permit holder as they will be expressed in the MIP based on projected flows for 2017
and 2027 using estimates produced through the Spokane River TMDL Collaboration.
Projected. -, .:f
Projected TMDL WLA
•2017 2017 Target 2027 WtltfTP
Discharger WWTP- Phosphorus. ' Phosphorus
r9
Influent (Ibsslday)a Influent
. fm a (Ibslday)e e
. • . , (mgd).° .. . ._ ... .. . ' ..
Liberty Lake• - 1.41 0.12. 1.51 0.13
• Kaiser Aluminum 15.4 1.29 • 15.4 1.29
Inland Empire Paper 4.1 0.34 11111.11 0.34
City of Spokane: _ _ -
-from City of Spokane only 36 41.77 .
-from Spokane County 5.76 9
-from Airway Heights 0 0
Total City of Spokane 41.76 3.49 50.77 4.24
Spokane County(new 8 0.67 8 0.67
slant .
NOTES:
'a Influent flow projections based upon data from Flow&Loading Work Group and
dischargers
b Ibslday for point sources=Influent MOD x 10 nil P x 0.0083454 .
°MIP achieves Waste Load Allocation by 2027
The "(Ibslday)" numbers listed above will be used as the target pounds to determine
each NPDES permit holder's Delta.: An NPDES permit holder's Delta is the actual .
pounds of phosphorus discharged per day minus the target pounds. NPDES permit
limits will be based on a seasonal average with appropriate daily, weekly, and monthly
limits that recognize the uncertainties and start-up complexities of new treatment
technology: .
The 2017 phosphorus targets are goals during the first ten years of the MIP. These
• phosphorus targets will not be binding during the first ten years so as to allow
assessment of the beneficial impact on DO from all MIP-related technology - .
improvements and phosphorus reduction actions initiated during this time, and to allow
V21 3
measurement of the actual Delta reduction by the dischargers based on experience. By
the end of the 20th year, NPDES permit holders are required to be in compliance with
•
the phosphorus WLA in the right hand column of the chart above.
Once an NPDES permit holder demonstrates reliable ability to continually meet its
target, either by treatment technology or technology combined with actions to eliminate
the Delta, that permit holder will have met its responsibilities for meeting waste load
allocations as expressed in either the MIP or the TMDL.
Aggressive efforts, initiated as quickly as possible, to reach the targets during the first
ten year period of the MIP are required. These efforts will include both phosphorous.
removing treatment technology upgrades and a suite of other phosphorus reducing
actions from the list of"target pursuit actions" described below.
Some aggressive programs to meet phosphorus targets may be conducted jointly by
several dischargers. These efforts need to result in assignment of reduced pounds of
phosphorus to individual dischargers because dischargers must meet individual targets.
A trading program of dischargers' demonstrated surplus phosphorus may be
implemented consistent with EPA guidelines pending Ecology's verification of any
surplus phosphorus offset pounds.
As part of the implementation of the MIP, each National Pollution Discharge Elimination
System permit holder in Washington State covered by the Spokane River Dissolved
Oxygen TMDL'will, in accord with the section titled "Schedule of Activities," prepare a
• technology selection protocol and an Engineering Report with construction schedule for
the treatment technology improvements the permit holder intends to install. The permit
holder will also prepare a Delta elimination plan with a schedule of target pursuit actions
(see details below) that, in combination with the technology improvements, provide
reasonable assurance the April-October phosphorus target will be achieved in the first
10 years of the MIP. The ways these targets and associated requirements will be
reflected in each NPDES permit is explained in the section below titled "VPDES Permit
Cycle."
Target Pursuit Actions
Target pursuit actions are the steps that are either required or available for NPDES
permit holders to both upgrade theft technology and eliminate their Delta within the first
10 years of the MIP in order to provide reasonable assurance of meeting targets. The
target pursuit actions may be modified as a result of the 10th Year Assessment.
Dischargers withdut a Delta do not need to perform target pursuit actions for Delta
•
elimination.
Technology selection protocols and Delta-eliminating target pursuit actions will both be
initiated as soon as possible, and Delta-eliminating actions will not be deferred until
•
technology improvements are actually selected and installed.
•
•
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Enforceable terms of each NPDES permit will include the obligation to meet the interim
or final effluent limit and the obligation to complete implementation of the target pursuit
actions, although the details of the target pursuit actions may be set forth in a separate
administrative order.
After the 10th year of implementation, a thorough review (see the section titled 'Tenth
Year Assessment") will be conducted to determine what, if any, additional phosphorus
reduction actions are necessary, what actions should be continued or discontinued,
and/or whether any changes to the phosphorus reduction goal in the TMDL or the Water
Quality Standards for DO in the River and Lake Spokane are warranted. By the end of
the 20th year of the MIP, NPDES permit holders are required to be in compliance with
the then current TMDL phosphorus waste load allocations (the targets may have been
modified as a result of the Tenth Year Assessment) to assure applicable Water Quality
Standards are being met. -
Required Actions: Required target pursuit actions for each NPDES permit holder with
a Delta are as follows: •
o Technology Selection Protocol: NPDES permit holders will prepare, and
submit to Ecology for approval, a comprehensive technology selection
protocol for choosing the most effective feasible technology for seasonally
removing phosphorus from their effluent with an objective of achieving a
discharge with seasonal average 50pg/I phosphorus or lower. If pilot testing
is a part of the protocol, there will be appropriate provisions for quality
assurance and control. The protocol will include a preliminary schedule for
construction of the treatment technology.
o Delta Elimination Plan: In addition to the technology selection protocol,
NPDES permit holders will also prepare and submit for Ecology's approval a
Delta elimination plan and schedule for other phosphorus removal actions
such as conservation, effluent re-use, source control through support of
regional phosphorus reduction efforts (such as limiting use of fertilizers and
dishwasher detergents), and supporting regional non-point source control
efforts to be established. The plan, in combination with the phosphorus
reduction from technology, will provide reasonable assurance of meeting the
permit holder's target in ten years.
o Expeditious Decision: Ecology will expeditiously review and decide on the
proposed technology selection protocol, preliminary construction schedule
and Delta elimination actions.
O Engineering.Report: After a permit holder implements the'technology
selection protocol, the permit holder will prepare, and submit to Ecology for
approval, an Engineering Report concerning the chosen technology, including •
any updates to the construction schedule. The Engineering Report will (if .
necessary) be accompanied by amendments to the schedule and substance
of the target pursuit actions so that in combination with the Engineering
V21 5
•
Report on expected technology performance, there is reasonable assurance
of meeting the target in ten years. Ecology will expeditiously review and
decide on these submittals.
o Interim Limits: When new treatment technology is installed, Ecology will set
interim phosphorus permit limits based on the engineering reports. It is
recognized that, because modern phosphorus removal technology is
challenging, achieving normal, and routine operation may require two years,
assuming average seasonal conditions (temperature and flow) during both
years. During this period, Ecology will recognize these conditions and their
effects on compliance with interim discharge limits.
•
o Final Limits:' Final limits applicable during the remaining term of the MIP will
be set based on the actual performance of the technology installed and
operated at optimum reliable efficiency (see the section titled "NPDES Permit
Cycle").
•
o Investment Stability: The investment in phosphorus removal technology is
recognized by Ecology as having a 20-year life, and no significant
modifications or replacements of phosphorus removal facilities will be
required during the term of the MIP. Modifications to installed technology that
best available data indicate would enhance phosphorus removal performance
and are efficient and cost-effective may be required.
o Conservation: Public NPDES permit holders, in cooperation with water
purveyors, will as soon as possible develop individual and regional programs
that reduce flows by funding "LOTT-style" indoor conservation efforts that
target 20%water conservation per household in older urban areas and 10% •
• water conservation per household in newer (post 1992) urban areas. These
programs will have local ordinances, avoided cost investment principles and
per connection expenditures similar to the LOTT program. To the extent
these actions are demonstrated as reducing phosphorus loading to the river,
• • they will be recognized as contributing toward achieving phosphorus waste
load targets.
•
o Class A Effluent: Each publicly owned treatment plant covered by the
Spokane DO TMDL will, through their technology updates, produce effluent
meeting the State of Washington Class A reclaimed water quality standards in
place when the MIP takes effect.
Available Actions: The following target pursuit actions are not required of evert
NPDES permit holder with a Delta. The non-point source program, however, needs to
have sufficient participation-to achieve the TMDL-required phosphorus reduction.
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•
•
o Reclaimed Water: Publicly owned dischargers may seek to re-use the
Class A reclaimed water they produce as result of technology improvements.
All reasonable efforts to re-use and/or recharge the aquifer rather than
directly discharging it to the River, particularly in the April-October timeframe,
are strongly encouraged consistent with circumstances and opportunities. •
Ecology will work with each NPDES permit holder and the Washington State
Department of Health to prepare approvable permits that enable timely and
successful implementation of these opportunities. Specifically, Ecology
commits to the following:
•
• Ecology will assist in permitting re-use efforts by actively coordinating
state permitting with the Washington State Department of Health.
• Ecology will assist dischargers proposing re-use target pursuit actions
in assessing whether any water rights/quality impairments might occur
and how any impairment might be addressed.
• Any revisions of Washington State in Class A reclaimed water
guidelines or standards in place when the MIP takes effect will serve
as a basis for requesting Ecology's reconsideration of an NPDES
permit holder's approved target pursuit action plan that relies on re-use
target pursuit actions envisioned prior to the revisions.
• To the extent these water re-use actions are demonstrated as reducing
phosphorus loading to the river, they will be recognized as contributing
toward achieving phosphorus waste load targets. •
o Regional Phosphorus Reduction Programs: Privately owned treatment
plants may participate with other. NPDES permit holders in regional
phosphorus reduction programs, such as conservation (see above) and non-
point source control (see below). To the extent these actions are
demonstrated as reducing phosphorus loading to the river, they will be
recognized as contributing toward achieving phosphorus waste load targets.
• Bio-available Phosphorus: NPDES permit holders may seek to prove to
Ecology that a certain stable fraction of their phosphorus discharge is not bio-
available in the River environment for a time sufficient to consider it not
reactive and not a nutrient source. If Ecology agrees, the pounds of
phosphorus that are not bio-available will be recognized as contributing
toward achieving the total phosphorus'waste load target.
• Source Control Programs: To the extent that source control actions to limit
phosphorus inputs through regulation of phosphorus-containing products and
through enforced phosphorus-limiting pre-treatment ordinances are
demonstrated as reducing phosphorus loading to the river, they will be
recognized as contributing toward achieving dischargers°phosphorus waste
load targets.
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Regional Non-Point Source Reduction Program: Participating NPDES
permit holders and Ecology will jointly fund and implement a regional non-
point source (NPS) phosphorus reduction program at$2 million/year. The
program will begin in the second year of the MIP following completion of an
initial study (50%funded by Ecology) to determine the best,opportunities for
non-point phosphorus reductions.
The regional non-point source program will be designed to achieve the NPS
phosphorus reduction identified in the TMDL and to contribute to the Delta
reduction efforts of the participants, as necessary. If sufficient reduction in
NPS phosphorus as determined by the 10`h Year Assessment has not yet
been achieved, the jointly funded and implemented regional NPS program will
continue for the second 10 years of the MIP.
The program will be closely managed by the oversight and coordination group
described below, and it will be monitored to routinely identify cost-effective
strategies and verify actual phosphorus reductions. Resources could be
• shifted to other more effective actions for phosphorus reduction by mutual
agreement with Ecology. Successful phosphorus-reducing actions funded by
the NPDES permit holders through the NPS program will be recognized as
contributing toward achieving dischargers' phosphorus waste load targets.
e Septic Tank Elimination Program: Spokane County may submit to Ecology
information and calculations demonstrating the phosphorus removal impact
on the Spokane River and Lake Spokane of its Septic Tank Elimination
Program. Pending Ecology's expeditious review and decision regarding the
information and calculations, the.County may, if Ecology approves, use the
pounds of phosphorus prevented from reaching the River and Lake Spokane-
through septic tank elimination as part of any needed offsets for the County's
new treatment plant(see the section titled "New County Treatment Plant').
Oversight and Coordination: The above target pursuit actions require careful
monitoring and accounting to assure genuine phosphorus reductions and proper Delta
reduction recognition. The following will occur:
• Ecology and the dischargers will immediately collaborate to develop an
oversight and coordination group. The intent is to form a collaborative group
•
to oversee and.coordinate the required regional actions including, but not
limited to, the NPS, monitoring, modeling, reporting and public outreach
programs, however the participating entities retain their individual authorities.
Ecology and the dischargers will share in the administrative cost of this group.
• The oversight and coordination group, in cooperation with Ecology, will
manage the non-point source program described above.
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•
• The oversight and coordination group will implement a monitoring and
research program for the River to routinely track and evaluate the amount of
phosphorus removal, the impact of phosphorus reductions and associated
improvements on dissolved oxygen levels. Also, there will be additional
studies such as those concerning sediment oxygen demand, the efficacy of
river aeration/oxygenation, and bio-availability of phosphorus in discharges
and other areas that advance the understanding of and refine the science
concerning the River's health. Modeling capabilities for the River will also be
enhanced by gathering and including sediment oxygen demand data, noting
and examining episodic events that contribute to increased phosphorus
loading, and other relevant data and by considering current measurement of
minimum river flow as adjusted by regulation. Ecology and the dischargers
will share in the cost of implementing and operating this monitoring and
research program.
• Dischargers will prepare and submit annual reports to Ecology, describing
each discharger's performance of the target pursuit actions and any
measurable successes. For joint actions (such as the NPS Program), the
dischargers may provide a joint report.
• Ecology will prepare annual performance reviews concerning the status of
agreed-upon, committed target pursuit actions described above. Every two
years Ecology, using monitoring information, will prepare and present a report
and, in collaboration with the oversight and coordination group, conduct other
public engagement efforts regarding the River's health and the performance
and effects of the target pursuit actions described in the MIP.
• Ecology will address Avista Corporation's DO responsibilities through the 401
Certification process.
New Spokane County Treatment Plant
A new Spokane County treatment plant will be constructed to meet its phosphorus
allocation target through a combination of advanced treatment and other offsets that are
. in place and accepted by Ecology as effective as the plant begins routine, normal (i.e.,
beyond shakedown or start up) operations. As with the engineering reports and target
pursuit action plans and schedules for NPDES permit holders, the County will submit to
Ecology for approval the County's engineering report for the plant showing how the
most effective, feasible phosphorus removal technology has been selected, and how
the offsets will be timely developed. At the time the plant begins normal, routine
operations, it is expected the combination of offset actions and the plant's treatment of
water to be discharged in the River:will together achieve compliance with 10pg/1
•
phosphorus.
•
Consistent with NPDES requirements, the plant will be permitted by Ecology in order to
enable rapid conversion of septic systems to sewers consistent with the approved septic
tank elimination program prior to the completion of the County plant. The County will
V21 9
construct.the plant within the first 6 years of the MIP as the County's offsets from the
target pursuit actions are being developed and made operative. It is recognized that
any phosphorous reduction actions selected by the County that rely on the plant
achieving normal, routine operation for their full implementation (such as completing
septic tank hookups and/or water re-use) can still contribute to the County's offsets. It is
. further recognized that, because modern phosphorus removal technology is
challenging, achieving normal, and routine operation may require two years, assuming
average seasonal conditions (temperature and flow) during both years. During this
period, Ecology will recognize these conditions and their effects on compliance with
interim discharge limits.
The County will also develop a comprehensive program for reclaimed water production,
re-use and aquifer recharge of effluent. This re-use program will be subject to the same
• conditions described for other re-use target pursuit action plans described above.
90th Year Assessment
Following the 10th year of the MIP there will be a major assessment of the plan's impact.
A collaborative process will be•used to make determinations about the relevant actions
appropriate for the second 10 years of the MIP. The assessment will be a data-based,
objective review designed to assess:
O The amount of phosphorous removed from the River by the actions taken to date
,compared to phosphorus reduction targets.
O The River response to those reductions and associated changes in DO.
o The necessity, if any, for further reductions in phosphorous, CBOD and ammonia
in order to achieve Water Quality Standards for DO.
o The likelihood of further phosphorous reductions occurring in the next 10 years of
the MIP if the actions begun in the first 10 years were continued.
•
•
U The set of actions that could be initiated in the next 10 years of the MIP that
would more likely than not result in further phosphorous reductions, if necessary,
to achieve DO Water Quality Standards for Lake Spokane.
o The reasonableness of pursuing these actions and/or the reasonableness of
pursuing other strategies such as Lake Spokane oxygenation and/or the
appropriateness of modifying DO Water Quality Standards if continuing existing
•
or implementing additional phosphorous removal strategies will more likely than
not fail to improve DO sufficiently to meet existing DO Water Quality Standards.
• Particular attention will be given to Lake Spokane's hypolimnion (lowest).layer
•
where DO levels may be least likely to be significantly improved by upstream
phosphorus reduction.
•
V21 10*
• Data and actions will be carefully reviewed to determine whether technology
improvements and target pursuit actions can result in the hypolimnian meeting
DO Water Quality Standards, whether lake oxygenation or other techniques may
be effective in improving DO and/or whether modified Water Quality Standards
for this layer are appropriate.
These decisions will be made consistent with the MIP Decision Diagram below.
MIP Tenth Year
tz _ Dec' n Diagram
Pcrtormanca on
Commdnvnts - -
Are New,
DO Improved Continued or Other
Due to MIP? ciboria Appropriate?
River
Dissolved
Oxygen
Status
Collaboratively
Define New Action
Commitments
Is River at or
Beller than VJIJ Consider River
Sla xtnrds? Aeration
Document Next
v Ton Years of MIP
Are Neiv.
Continued or Other
ions Appropriate?
Collaboratively
Define New Action
Commitments
Consider River
Aeration
Document Next
Ten Years of MIP
V
r Iz9 ro9rarn bMod tv de •sl• Mo1i, F,(Idarda
4 yr d, wye ' Perform Actions » Perform Actions
T
•
V21 11
This assessment will occur following the 10th year of the MIP. The_assessment may
need to be extended if the timing of the installation of treatment technology has not
resulted in operation for a long enough time to produce sufficient data about river
conditions and DO response. If this occurs, the assessment would not be completed
until there has been at least 3 years of operation of all treatment technology upgrades
by all dischargers.
NPDES Permit Cycle
Four 5-year NPDES permit cycles are expected to be covered under the MIP.
Currently, all four existing NPDES permits are under administrative extensions. Each of
the existing NPDES permits will be handled somewhat differently due to varying
conditions associated with each discharge.
•
In general, the NPDES permits will follow this sequence:
Cycle Term Permit Elements
The permit is issued with effluent limits adjusted based
on performance history. The permit will state the goal
of achieving an equivalent of an effluent phosphorus
concentration of 10pgiI phosphorus by the end of the
following permit cycle (i.e., in 10 years) through a
combination of phosphorus treatment technology and
target pursuit actions. Enforceable terms of each
2007 - 2011 NPDES permit will include the obligation to meet the
effluent limit and the obligation to start, continue, and/or .
complete the target pursuit actions. The details of the
target pursuit actions may be set forth in a separate
• administrative'order. The permit, depending on date of
issue, may also specify dates for submitting a
technology selection protocol and an Engineering
Report with an estimated construction schedule, all as
described in the section titled "Target Pursuit Actions.°
•
•
V21 12
•
•
•
Cycle Term Permit Elements
The permit is issued with interim effluent limits taking
effect with the completion of technology upgrades.
Implementation of the phosphorus target pursuit actions
to reduce the Delta is continued during this permit cycle.
The permit will state the goal of achieving an equivalent
of an effluent phosphorus concentration of 10pg/l
phosphorus by the end of the permit cycle (i.e., in 5
years) through a combination of phosphorus treatment
technology and target pursuit actions. As in the first
Permit Cycle, enforceable terms of the NPDES permit
will include the obligation to meet the effluent limit and
the obligation to continue and/or complete the target
pursuit actions. The details of the target pursuit actions
I I 2012 - 2016 may be set forth in a separate administrative order. The
interim limits will be based on the Engineering Report
that provides Ecology with reasonable assurance that
an equivalent of an effluent phosphorus concentration
of 10pgll phosphorus will be achieved by the end of the
permit cycle. It is recognized that, because modern
phosphorus removal technology is challenging,
achieving normal and routine operation may require two
years, assuming average seasonal conditions
(temperature and flow) during both years. During this
period, Ecology will recognize these conditions and their
effects on compliance with interim discharge limits.
Operational characteristics for the newly installed
technology will be assessed so that final limits can be
established.
The permit is issued with final effluent limits based on
observed operational characteristics. The permit will
reflect results of the 100 Year Assessment. The permit
will state the goal of achieving an equivalent of an •
effluent phosphorus concentration of 10pg/l phosphorus
III 2017-2021 through a combination of phosphorus treatment
technology and target pursuit actions.As in the first
Permit Cycle, enforceable terms of the NPDES permit
will include the obligation to meet the effluent limit and
• the obligation to continue and/or complete the target
pursuit actions. The details of the target pursuit actions
ma be set forth in a separate administrative order.
The permit is issued with established final effluent limits
that, in combination with completed and continuing
IV 2022 - 2026 target pursuit actions, meet the final waste load
allocations since they will be enforceable at the end of
. . the M I P. -
A Gantt chart version of the anticipated permit cycles for each existing NPDES permit
holder plus the permit cycle for Spokane County is included for illustrative purposes as
Attachment A.
V21 13
Schedule of Activities to Initiate the MIP
Based on and consistent with the principles and foundational concepts in this
Agreement, several tasks need to be completed as the Spokane River TMDL and
accompanying MIP are made final.
These actions include the following:
O Re-drafting of the TMDL, completion of the MIP by Ecology, and submittal of the
final TMDL to EPA—target date 1/1/2007
o Submittal to Ecology of technology selection protocols, Delta elimination plans
• and treatment technology implementation schedule by each discharger —target
date 1/1/2007
• o Creation of the oversight and coordination structure necessary to implement the
actions that will be conducted on a regional scale such as the operation of the
•
NPS and monitoring programs—target date 1/1/2007
Assuming the Foundational Concepts in this paper become an Agreement in
Principle that is endorsed by Ecology and the dischargers this summer, and the
TMDL is completed by Ecology and approved by EPA, it appears likely the first
permitting sequence and the start of the MIP's first ten year period could begin in
early 2007. Ecology and the dischargers agree that local elected officials in the
Spokane area should share the lead with Ecology in developing the appropriate
oversight and coordination structure for overseeing the implementation of the MIP
and securing the necessary inter-agency agreements and funding commitments
sufficient to support it.
Applying the Foundational Concepts, the Agreement in Principle does not require
any party to engage in any future action or make any subsequent decision in
violation of established rules and procedures for engaging in such actions or making
such decisions. Nothing in this document changes any party's authorities or .
responsibilities under law or regulation. The parties embracing this Agreement
recognize and support that this path forward is the appropriate way to establish the
legally sufficient framework for completing the Spokane River DO TMDL and to
quickly begin the important work of improving the health of the Spokane River. All
parties agree to conduct themselves over the next months and years consistent with
these Foundational Concepts and resulting Agreement in Principle so that this can
be successfully and efficiently accornplished.
•
V21 14
Attachment A: Draft Wastewater Treatment Facility Permitting Schedule
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