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Contracts-PLWSD JOINT POWERS BOARD - 2001-2005
Kin J. Trout Aaron H. Nemec William L. Smith David T. Krueck Robert M. Adelson Rob H. Shockley Denise L. Rosen LAW OFFICES OF TROUT & NEMEC, PLLC 12400 West Overland Road Post Office Box 9695 Boise, Idaho 83707-3695 Telephone (208) 376-4461 • Facsimile (208) 376-4481 www.trout-law.com August 23, 2005 Jerry Vevig Chairperson Board of Directors Payette Lakes Recreational Water and Sewer District 201 Jacob Street McCall, Idaho 83638 kjtrout@trout-law.com anemec@trout-law.com wmIsmith@trout-law.com dtkrueck@u-out-law.com radelson@trout-law.com rshockley@trout-law.com drosen@trout-law.com Re: Sewer Treatment System Dear Mr. Vevig: I am writing to you on behalf of the City of McCall ("City") to respond to the letter sent by William Killen to Lindley Kirkpatrick dated August 19, 2005. The City's passage of Resolution 05-15 was not intended to limit the Payette Lakes Recreational Water and Sewer District's ("Sewer District") purported rights and duties under the Cooperative Agreement and its Amendments. Resolution 05-15 was adopted for the purpose of addressing the obvious limitations of the existing sewer treatment system, and fosters growth which comports to the City's Comprehensive Plan. The City strongly disagrees with the Sewer District's continued misrepresentation that the City is exceeding its,capacity rights in the sewer treatment system. The Sewer District has failed to submit any credible evidence to support this allegation despite repeated requests for such an analysis. The Sewer District has claimed that it possesses such evidence, and apparently is measuring flow allocations .to determine the capacity being used by the City and the Sewer District. The Fifth Amendment expressly provides that allocation of capacity in the treatment facility from 1988 into the future is determined by equivalent dwelling units, not flow allocations. The City is again requesting that if the Sewer District has evidence that the City is exceeding its allocated capacity, based on equivalent dwelling units for the City and the Sewer District, please provide me with this analysis. The City refuses to ignore the looming crisis with the treatment system, as to do so would be irresponsible planning. The Sewer District falsely claims that it has capacity in the sewer treatment system, and, therefore, has the right to issue will serve letters to future customers. The LAW OFFICES OF TROUT & NEMEC, PLLC Mr. Jerry Vevig Payette Lakes Recreational Water and Sewer District August 23, 2005 Page 2 Sewer District ignores the engineering analysis which has been provided to both the City and the Sewer District from no less than three different engineering firms, including the Sewer District's own engineer, J-U-B Engineering, concluding that the sewer treatment system is near capacity and cannot meet future growth for the twenty year planning cycle the treatment system was originally designed to serve. The City will not exclude the Sewer District's potential customers from Resolution 05- 15. The City has, and will continue, to reach out to the Sewer District seeking constructive, not combative, solutions to resolve the limitations that faces all users in the existing sewer treatment system. Mr. Killen's threats on behalf of the Sewer District contained in his letter are not persuasive, nor will such threats dissuade the City from fulfilling its duties to the citizens of McCall and the surrounding area. Mr. Killen's and the Sewer District's rhetoric will not create additional capacity for a single user in the sewer treatment system as it exists today. Resolution 05-15 anticipates changes in the building permit distribution process as new information becomes available. I invite you to share information about sewer capacity improvements as such information becomes available to the Sewer District. We encourage the Sewer District to adopt and participate with the City in a cooperative and collaborative effort toward objective solutions to this looming problem. Sincerely, TROUT & NEMEC, PLLC Kim J. Trout Cc: Charles Ariss, Idaho Department of Environmental Quality McCall City Council Lindley Kirkpatrick, City of McCall Roger Millar, City of McCall Bill Keating, City of McCall William M. Killen John C. Hucks PAYETTE LAKES RECREATIONAL WATER iINA) SEWER DISTRICT 201 JAco1) Stwel McCalE, Idaho B3638 oflicv I 1 • iaX 208-6 46l Pt nad: pirw5d4cithnk.net July 28, 2005 Mayor and C:ounkal Members: The Btxtrd and staff of the Payette Lakes Recreational Water and Sewer District arc aware of the issues currently facing the sewer treatment facility. We have offered on several occasions to meet with City representatives to develop a coordinated approach to dealing with the problem, but to date the City has not responded. The draft Resolution 05-15 rnakes no reference to the Cooperative Agreement or its agreed upon allocation of treatment capacity between the City and the District. To be consistent with the allocation formula set forth in the Cooperative Agreement, one th ird. of any allocation of annual hook, ups should be reserved to the District, and this provision should be reflected in the resolution for guidance to the various bodies involved in the process. Additionally, some provision should be included to provide for recovery by the District of the City's over, ut ilization of the total capacity to date. The terms of the Cooperative Agreement and the amendments thereto also require that operational decisions regarding the facility be. made jointly between the City and District, since both entities have operational authority and responsibilities. Any analysis directed by the resolution needs to include active participation by the District and its engineers to avoid duplication of work and waste of public monies, The District's Board of Directors respectfully asks the McCall Mayor and Council Members to honor the Cooperative Agreement and preserve the District's one third allocation of system capacity. The following language has been suggested by District counsel- 'W1-1 F.: E.AS the City of McCall and the Payette (Aim Rearm amid Muer and Sewer .1„)istrict-, pursuant to their Cooperative Agreement, have allocated treatment capacity 23 to the City and I/3 to the District. any limirat ion on futurehookups shall adhere to this allocation Additionally, and so long as any restriction on hookups COMM/ICS. the District shall be entitled annually, and cumulatively if needed, to meet the needs of us patrons, to //4 of the City s 2/3 share to reflect the over -allocation of the treatment- facility's capacity to the City through the current claw, uu 11 such time US their cumulative share reaches I/3oj thc total capacity: Section 2 of the resolution would be modified to reflect the foregoing. 1,Ve also request that adoption of this resolution be delayed for two weeks to allow for a more formal response to be prepared by the District, It is our desire to work cooperatively with the City to resolve the issues at the wastewater treatment facility: consistent with the rights and needs of all interested parties and customers. Sincerely. rryVevig. Bo rd Chair cc: City Manager City Community Development Director LAW OFFICES OF TROUT & NEMEC, PLLC 12400 West Overland Road Post Office Box 9695 Boise, Idaho 83707-3695 Telephone (208) 376-4461 • Facsimile (208) 376-4481 www.trout-law.com Kim J. Trout Aaron H. Nemec William L. Smith David T. Krueck Robert M. Adelson Rob H. Shockley Denise L. Rosen July 5, 2005 William M. Killen, P.A. 734 S. Coral Place Boise, Idaho 83705 kjtrout@trout-law.com anemec@trout-law.com wmismith@trout-law.com dtkrueck@trout-law.com radelson@trout-law.com rshockley@trout-law.com drosen@trout-law.com Re: Sewer Treatment System Dear Bill: I am in receipt of your June 17, 2005, correspondence, and have the following response on behalf of the City of McCall. I have reviewed the Cooperative Agreement and the various Amendments to it. Although I understand the claims of the Sewer District, the City respectfully disagrees with the District's view. It appears that the District seeks the claimed benefit of `ownership', yet wants to avoid the `costs' of ownership, opting instead to seek a reduced cost for its 'use' of the system. The City is merely exercising its ownership rights and operating responsibilities for the sewer treatment system. The City is not seeking to set user fees for the Sewer District's patrons, but rather, will be setting fees for the District as a user. The City is, however, in the process of reviewing fees it charges to its customers, and upon completion, will share this information with the Sewer District. Following completion of this analysis, I think it would be worthwhile to have representatives for the City and the Sewer District meet to discuss their ongoing relationship and use of the City's sewer treatment system. This should clarify any misunderstanding you may have regarding my previous correspondence. I look forward to meeting with you to discuss this in greater detail. If you have any questions or comments, please do not hesitate to contact me. LAW OFFICES OF TROUT & NEMEC, PLLC Mr. William M. Killen July 5, 2005 Page 2 Sincerely, TROUT & NEMEC, PLLC Kim J. Trout Cc: Charles Ariss, Idaho Department of Environmental Quality McCall City Council McCall City Manager McCall City Planner McCall Public Works Director rj-U13 June 14, 2005 Lindley Kirkpatrick, City Manager City of McCall 216 E. Park St. McCall, ID 83638 Jerry Vevig, Chairman Payette Lake Water and Sewer District 201 Jacob McCall, ID 83638 RE: Work for the City of McCall and the PLWSD J-U-B ENGINEERS, Inc. ENGINEERS • SURVEYORS • PLANNERS Regional Office 250 South Beechwood Avenue, Suite 201 Boise, ID 83709-0944 208-376-7330 Fax: 208-323-9336 www.jub.com Dear Mr. Kirkpatrick and Mr. Vevig: As you know, J-U-B Engineers has been working with both the City of McCaII and the Payette Lake Water and Sewer District (District) on wastewater treatment and disposal issues for many years (in fact, J-U-B has been the District Engineer for nearly 30 years and has been actively involved in City treatment issues for the last 10 or so). During that time, the interests of the City and the District were generally in alignment toward the task of meeting the needs of your patrons based on requirements of DEQ and other agencies. Based on recent developments, however, it is apparent now that there may be some conflict developing between the City and District, which may put J-U-B in an awkward position. It is therefore our intent to continue working as the District Engineer for the PLWSD and to not pursue any further water or wastewater assignments from the City of McCall — until such time as the issues precipitating your conflict have been resolved. To our knowledge, we have two ongoing tasks with the City, both related to the wastewater system. We'd like to provide resolution to those as follows: 1) J-Ditch, Phase 2 - Post Construction Work. With your permission, we will continue to work on the leakage issue since we have intimate knowledge of the historical background and data needs for that assignment. It's our understanding that all other issues related to the construction of the project have been resolved. 2) J-Ditch, Phase 2 — Amendment to WLAP. We sent you a draft of the Proposal Report and have not received comments back. If you have no comments, we'd like to provide a stamped draft Proposal Report and close that task. You can then use the draft information for the planning purposes for which it was intended. (JAM; Engineers Surveyors Planners It's not our intent to abandon the public's interest in any "institutional knowledge" that we can bring to the table. Therefore, we'll be available for questions concerning the J-Ditch System as they may come up from time to time. We will also do what we can to educate McCall's new City Engineer as to the intricacies or operation of the wastewater system, upon your instruction and under the Post Construction Task. This notification is also made to satisfy the requirements of our Code of Professional Responsibility. If you have any questions, please call me to discuss. Sincerely, J-U-B ENGINEERS, Inc. Timothy J. aener, P.E. Vice President / Area Manager Cc: 11622-F02 Jerry Vevig Chairperson Board of Directors Payette Lakes Recreational Water and Sewer District Re: Corr. Of May 20, 2005 Dear Mr. Vevig, I am in receipt of your letter dated May 20, 2005, and have reviewed the content with the McCall City Council. Be advised that the City of McCall is in the process of reviewing user fees, and following this review will be modifying the user fees for all users including your District. Given that the City is undertaking a comprehensive review of user fees, and although we appreciate the effort by the District to review its user fees, we reject the District's proposal regarding its user fees, and will determine the appropriate user fees following the completion of the City review. The City will certainly consider the information supplied by the District in your letter of May 20, 2005. Likewise, we will consider all historical expenditures, historical capital cost, as well as give due consideration to future capital cost in determining the appropriate user fees to be set by a revision to the user fees which is under consideration. Thank you for your time and attention. Sincerely, Lindley Kirkpatrick City Manager City of McCall Cc: McCall City Council PAYETTE LAKES RECREATIONAL WATER AND SEWER DISTRICT 201 Jacob Street • McCall, Idaho 83638 rE:7"! � :- I \/j [r ? [�. o'lice 208-634-4111 • fax 208-634-7613 email: plrwsd@citlink.net May 20, 2005 Lindley Kirkpatrick, Manager City of McCall 216 E. Park Street McCall, ID 83638 MAY 2 3 2005 ,, a1 re: Flow -based Proposal for Cost Sharing of Wastewater Treatment Plant Expenses for City Fiscal Year 2005-06 Because the current method of sharing costs at the wastewater treatment plant does not take into consideration the fact that the City is responsible for a much greater share of the influent treated at the wastewater treatment plant, and thus is responsible for a greater proportion of effluent requiring storage and pumping, the District Board of Directors seeks a method to more fairly distribute costs for treating each entity's influent flows. To this end, we have made several proposals for negotiating an agreement for cost -sharing of wastewater treatment expenses based on metered inflow figures rather than equivalent hook-ups. Previous proposals for new cost sharing calculations required a great deal of manipulation of the city's budget on a line by line basis. Upon further study, the approach presented here recognizes the city's cost of treatment plant operations and administrative oversight. It identifies costs of treatment (operational) versus infrastructure (capital) costs. Operational costs, those expenditures relating to the treatment of effluent including staffing, supplies, certifications, utilities, and administrative functions of overhead and professional services, lab fees, etc., can be annualized into a cost -per -gallon of treated influent using the most recent audited expenditures for the City's sewer treatment fund. Monthly or quarterly, this cost -per -gallon can be charged to the District's portion of inflow. This rate would be subject to adjustment at the close of each fiscal year once audited financial statements of fund accounts become available. Capital expenditures, including purchase and repair of equipment, building and grounds maintenance, regulatory permits and fees, facility insurance, and other non -operational elements of the facility will be shared based on the allocated share of capacity, currently 1/3 District, 2/3 City, or other basis which best matches the nature of the benefits to be provided. The attached outline and spreadsheet more fully explain this approach. We are proposing this as the approach utilized for cost sharing for the City's fiscal year beginning October 1, 2005, subject to negotiation of specifics. We would suggest the Joint Powers Board review it at their next meeting, and a final version be presented to both governing bodies. In the event that the Joint Powers Board is not convened, and no response is received from you, we will operate under the assumption that the proposal is acceptable to you, and will plan on remitting accordingly. Sincerely, Jerry Vevig Chairperson, Board of Directors Payette Lakes Recreational Water and Sewer District enclosures: two cc: Earl Ward, member Joint Powers Board A Proposal for Sharing Costs at the McCall Wastewater Treatment Plant with the Payette Lakes Recreational Water and Sewer District I. Operational Costs : Those costs of treatment and associated maintenance of components of treatment A. Labor, in-house or contract B. Employee expense (benefits, payroll taxes, worker's comp, clothing/uniforms) C. Employee certifications, professional development, books and publications D. Materials and Supplies E. Chemicals and other consumables F. Fuels and lubes G. Utilities H. Automotive Repairs I. Administrative 1. General personnel support functions such as supervisory oversight, payroll functions, and administration of employee benefit programs 2. Professional services: monitoring, sampling and testing activities 3. Advertising: legal notices II. Capital Costs: Infrastructure related costs A. Equipment Purchase and Repair B. Engineering and Attorney Services C. Insurance D. Repairs to building and grounds E. Repairs to Facility: e.g. J-Ditch pond liner, aeration piping F. Regulatory driven expenses including permits, reporting requirements III. Operational Cost allocation: Operational costs shall be allocated between the parties based on actual flow data, namely, the readings obtained from the flow metering devices installed in the respective collection systems which permit the accurate determination of the flow volumes delivered to the treatment facility by each entity. A. Using audited expenditures from prior year, and total gallons treated for the same period (e.g. city fiscal year October 1 through Sept 30 following) calculate a per gallon cost B. The per -gallon cost as calculated in III -A will be charged monthly or quarterly on District gallons of influent as measured by calibrated and/or certified flow meters installed on District collection system. Invoice will be accompanied with the city sewer treatment general ledger detail for the period, as currently provided. C. Annual reconciliation will compensate for audited year-to-year expense variations. IV. Capital Cost Allocation: Capital costs will be allocated between the parties based on the capacity allocation, namely, one-third District and two -third City, subject to budgetary approval by both entities. V. Operating and Capital costs will be reviewed for comment by the Joint Powers Board prior to submission to both entities. Refer to Exhibit A (attached) for proposed allocation of current City budget line items for sewer treatment fund. Cost -Sharing Proposal May 20, 2005 Page 2 Pro rata flow -based cost sharing: calculating per gallon expenditures 100-110 100-140 100-147 100-148 100-149 100-15 100-151 100-152 100-153 100-156 150-210 150-220 150-222 150-240 Minor equipment 150-250 150-300 150-310 Attorney services 150-350 Engineer services 150-400 150-410 Insurance 150-420 150-435 150-440 150-460 150-465 , 150-490 150-560 150-570 150-580 150-590 600-910 600-920 600-972 Repairs, Repairs, Re CFarig;, h u III III i1%/li,ll ,�1il l;�lDi o ��l _ �lll W///�� 'lIIII � lJ��Nllll�lll�ll�ll,;; I1 $ _�y� ,%�IIiVI ` 4/ ' ' (lNdlwl�IVI����,,,fi ii higi, lldlD�G.r ' _ti.�' 71�1k1/!1/N,// , �l:,i r l ' l' , h'i,IIM 141/Ml ' /l l H „II 1 ml 1, rl i � n � lNl��aiji„nry lllllmanin���ll "If iN;lll,:n. llllle� j' l iu lrllhi ! -�, r' 71,1//i ilhrpYr, iie7/:7e it n /%i I/,, f rr / ,/!� z i i :, u7lflbr%/iHrv�i�ilml/ii / llll, 2% 1/lAi /H lNl,�li/r Nl 'll' 7 p� ,, , 1'/1lb, ryr�.YuYl7M%�IIIIIi;I r,l i f 1 II�I/II��� U!!, l�l �'�a�,4'�� lq'/I !la/h l/llll/Yillllllll(rll�'I / l lr l 9 / 11 l/ %w ...; r / ri'jii, 1IAA/ 7,9 rlu�/ei,,////% �/'; ?/n /i i % / / %eji lY// 0 /llly l/ 11 / 1 llr� l 11/4,41l l ��s i� it / n 11r 11 �i .: .... , as 9r:1 !%�7r rllfl/�rlu; �l'lr �:��ti�l�lr'�i1u 4/4 ��r I I ri! p' l I nib, Ir lr i�%! �h%l%� �lr �1,�1 lli%ilrl� l7/63„l,/,/m!a„,xf G�teylllll, l�il l��l %' //0//,/vsµ,,, AIM a :n � ���llN� l �ilro I bG/m�uduM1%ti�l"l/ ��111111.li NlMinh) ; �1ilAl�l�l�9a�/m%��{ .n/cT,,nn1/ / // Ft office equipment building and grounds •airs_ othere.ui• ° li 11 /11, r rllli r 1 11 i IlilGNuiol%ili$��rlillll rlr 200-704 Land Application Permit 200-702 Capital Purchases (Facility/Equip't) 200-709 Slud • e Removal/R • lc Cell 2 diffuser Capital Expense 5,000 5,000 3,780 300 3,500 19,500 37,080 40,000 7,000 47,000 $ 84,080 /lll, fg/l1lti 1,/luGll,Dl '//i" !l,/AaillNll ,///,lr ,,5,.tat l� Capital Expense 952.87 12,486.65 3,780.00 386.58 22,229.37 39,835.47 ($3780 to ins) $ 39,835 CITY OF MCCALL CITY MANAGER January 19, 2005 Jerry Vevig Chairperson, Payette Lakes Recreational Water & Sewer District 201 Jacob Street McCall, ID 83638 Dear Mr. Vevig and Board Members: The McCall City Council has spent a considerable amount of time reviewing the current sewer capacity issues and new developments in and around McCall. At the Council meeting on January 13, the Council discussed several petitions for inclusion that have already been received by or are anticipated to be submitted to the District. The Council asked me to send you this letter with their comments regarding requests for inclusion into the District. It is important to note that the City does not want to compete with the District for new customers. It is the City's desire that new development be able to receive all necessary services from whichever agency is most logical to provide those services. These comments are not intended to raise unnecessary roadblocks to development or stand in the way of orderly and appropriate growth. The City has grave concerns about the total capacity of the wastewater treatment system used by both the District and the City. Analysis by both JLTB Engineers and Holladay Engineering Company has identified immediate, or looming, capacity issues in virtually all parts of the wastewater treatment system. These include I&I flows into the collection system, the capacity of the storage pond, and the capacity and utilization of the land application system. The City Council urges the District to consider these capacity issues and use caution in your consideration of petitions for inclusion within the District. The City is working diligently to address the total capacity issues, and has stopped issuing 'will serve' letters, certifying that there is capacity to provide sewer service to new developments. Further, we are working with a number of developers to fund improvements to the system which will increase net capacity while still allowing new development to occur. We anticipate working closely with the District on a number of other potential solutions. The City is committed to working toward a long-term solution to provide effective wastewater treatment as our community grows. I look forward to continuing to work with the District Board and staff to strengthen our relationship and resolve our mutual problems in a way that benefits the community to the greatest extent. 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Ini 4.68% 4.10% 4.93% 6.89% 6.78% 6.11% 10.17% 8.75% 4.28% 4.27% 4.10% 4.86% 4.37% 3.36% 4.01% 4.91 % 6.10% 7.93% 11.26% 8.51% 6.52% 4.58% 3.21% 4.20% 14.03% 15.64% 18,' 12.29% 13.45% 18,! 14.80% 11.27% 26,E 20.68% 11.29% 37, 20.33% 11.70% 35,E 18.34% 15.43% 24,( 30.50% 23.68% 26,' 26.24% 23.12% 23,i 12.85% 13.61% 19,' 12.80% 17.48% 14,i 12.31% 18.20% 13,i 14.59% 19.99% 16.24% 14, i 13.12% 16.81% 16.34% 15,i 10.08% 11.13% 16.14% 18,. 12.02% 7.72% 15.85% 31,E 14.74% 9.60% 15.71% 31,i 18.31% 13.43% 15.85% 27,E 23.79% 18.45% 16.10% 26,i 33.77% 24.35% 16.16% 28, i 25.53% 20.62% 15.95% 25,( 19.56% 19.04% 16.40% 20,f 13.73% 16.17% 16.29% 17,E 9.64% 11.55% 15.74% 16,E 12.59% 15.08% 15.33% 1-64 TP Flows low Experience ICI I Y "Ox�f w f1c Total uent Yrly Totals 75,000 22,000 19,000 18,000 26,000 89,000 08,000 D1,000 32,000 46,000 08,000 95,000 271,339,000 18,000 30,000 59,000 06,000 36,000 35,000 07,000 94,000 22,000 )8,000 19,000 1-9,080 275,683,000 City Total Flow 15,332,000 16,031,000 23,619,000 32,926,000 31,106,000 20,372,000 19,926,000 17,684,000 16,528,000 12,251,000 11,213,000 11,838,000 13,159,000 16,317,000 29,122,000 28,119,000 23,925,000 21,314,000 21,263,000 19,920,000 16,857,000 14,426,000 14,965,000 14,367,000 Yrly Totals CITY FLOW 228,826,0001 233,754,0001 % of J-Ditch Capacity % of % of Plant Indiv. Capacity Capcity 25.22% 26.37% 38.85% 54.15% 51.16% 33.51 32.77% 29.09% 27.18% 20.15% 18.44% 127.13% 19.47% 21.64% 26.84% 47.90% 46.25% 39.35% 35.06% 34.97% 32.76% 27.73% 23.73% 24.61% 129.86% 23.63% 37.83% 39.55% 58.27% 81.23% 76.74% 50.26% 49.16% 43.63% 40.78% 30.22% 27.66% 29.21 32.46% 40.26% 71.85% 69.37% 59.03% 52.58% 52.46% 49.14%I 41.59%I 35.59% 36.92% 35.44% Monthly % of Influent 84.36% 86.55% 88.73% 88.71 88.30% 84.57% 76.32% 76.88% 86.39% 82.52% 81.80% 80.01% 83.19% 88.87% 92.28% 90.40% 86.57% 81.55% 75.65% 79.38% 80.96% 83.83% 88.45% 84.92% Yrly. Average % Infl. 83.76% 84.67% 1/20/2005 rr( _-��.: 1772 Wastewater Treatment and Disposal System Topics for Discussion 1) Re -cap of Analysis to Date a. Estimated capacity of Wastewater Treatment Lagoons b. Estimated capacity of Winter Storage Pond c. Estimated capacity of Land Application 2) Split Wastewater Treatment and Disposal System Ownership of City/District a. Wastewater Lagoons (1/3-2/3) b. Winter Storage and Land Application System? 3) Responsibility for Debt and Judgment on J-Ditch System 4) Inclusion of New Development in Sewer District a. Impact on Land Use and City Autonomy b. Basis for Capacity by District? Sao 6e 5) Moving Forward a. Clarify/Improve Situation with Land Application System -Short Term b. Facility plan j G e c. Scope of Work Sewer Collection System Master Plan i. 50% Funded and Comparison to Facility Plan d. Sludge Removal Project and DEQ Joint Work e. Sewer and Water Rates f. I/I Reduction g. Joint Powers Board Meetings 6) Potential Long -Term Solutions a. Expand Land Application and Winter Storage with Lagoon System Upgrade (likely not an option) i. Land Costs ii. Difficulty with Expansion b. Upgrade Existing Facility along with Tertiary Treatment i. Additional Lagoon Cells with Covers ii. Phosphorus Removal 1. Regulatory Limits 2. Limits of New Technology 3. Regulator Challenges 4. Public Perception c. Mechanical Treatment Facility with Groundwater Recharge Project i. New Proposed DEQ Regulations ii. High Costs d. Mechanical Treatment Facility with Discharge to River e. Package Treatment Systems for Individual Developments N E HOLLADAY ENGINEERING COMPANY 32 North Main Street Payette, ID 83661 (208) 642-3304 N HOLLADAY ENGINEERING CO. E ENGINEERS • CONSULTANTS 32 N. Main P.O. Box 235 Payette, ID 83661 (208) 642-3304 • Fax # (208) 642-2159 October 28, 2004 Lindley Kirkpatrick, City Manager City of McCall 216 E. Park Street McCall, ID 83638 RE: Review of City Wastewater Treatment and Effluent Disposal System Capacity HECO Reference Number: ML062004 Dear Mr. Kirkpatrick: We have completed our review of the letter from J-U-B Engineers, Inc., dated September 16, 2004 regarding capacity of the winter storage and land application sites for storage and disposal of treated effluent from the wastewater treatment facility. Based on our review, we have the following comments: There are three major processes within the wastewater treatment and disposal system including the wastewater treatment facility (consisting of three treatment lagoons), the winter storage facility (used for storage of treated effluent during the non-agricultural season), and land application (used for effluent disposal on agricultural land and for agronomic uptake of nutrients in the effluent). Any one of the three major processes can act as a choke point for capacity of the entire system. According to the letter from J-U-B, the maximum volume of effluent that the J-Ditch Pipeline Association (JDPA) can currently apply on land application sites on an annual basis is approximately 230 million -gallons (MG), which is significantly less than the design value of 494 MG for land application (Addendum No. 1 to the Facility Plan Report Book One Chanters 1, 2, 3, 4, and 5, 1996). Total annual influent to the wastewater treatment plant was 271.3 MG in 2003, 243.0 MG in 2002, 223.7 MG in 2001, and 248.3 MG in 2000. Leakage losses from the winter storage cell were estimated at approximately 50 MG annually according to supporting data in the submitted analysis Preliminary Water Balance J-Ditch Phase 2 Operating Year 2003-2004, by J-U-B. Leakage from winter storage occurred at a higher rate than allowed by regulations at the Idaho Department of Environmental Quality (DEQ). According to a separate letter from J-U-B, dated September 14, 2004, repairs have proceeded on the liner for the winter storage cell. A conservative assumption is that liner repairs will eliminate leakage from winter storage. If this occurs. the noted land application capacity of 230 MG will likely be exceeded in the 2005 irrigation season. The letter of September 16, 2004, notes that negotiations are in progress with the DEQ regarding an amended Consent Order to decrease the mixing ratio WATER • WASTEWATER • SOLID WASTE • PUBLIC UTILITIES • STRUCTURES • PLANNING • STUDIES Lindley Kirkpatrick, Page 2 of 4 of irrigation water to treated effluent, thus increasing the volume of effluent that can be applied on the land application sites. The amended consent order also involves negotiations with the JDPA. The capacity of land application will not be firmly known until negotiations with the DEQ and the JDPA have been completed. If an agreement can not be reached to increase capacity for the wastewater component at the land application sites, it appears that emergency discharge to the Payette River will likely be necessary within the next storage year as some treated effluent will remain in winter storage at the end of each irrigation season. Once the land application capacity is addressed, the next potential choke point in the system is winter storage. According to the information provided in the September 16, 2004 letter, the maximum stored volume in the winter storage cell in the 2003/2004 season was approximately 150 MG. The data provided in the submitted calculations, Preliminary Water Balance J-Ditch Phase 2 Operating Year 2003-2004 by J-U-B, supports this conclusion. The data also indicates that 30-40 MG of leakage from winter storage occurred during the 2003-2004 storage season (September 12-early June). Assuming leakage from winter storage has been eliminated, the amount of storage reserved for current use is 180 MG to 190 MG. According to the letter, winter storage capacity is approximately 280 MG. Therefore, 80-90 MG of additional storage is available for growth. We require further information regarding the amount of winter storage that is reserved by the PLWSD and the amount that is reserved by the City. Assuming no leakage, the total storage capacity used by the City during the 2003-2004 storage season was approximately 162 MG accounting for precipitation and evaporation, and the amount used by the PLWSD was approximately 26 MG. Assuming an average 2.5 people -per dwelling unit, which is slightly more conservative than the census statistic of 2.25 people - per -household (US Bureau of the Census, 2000) and multiplying by 100 gallons -per - capita -day (Recommended Standards for Wastewater Facilities, 1997), provides an average flow per dwelling unit of 250 gallons per day. Applying this value over a storage year assuming the same time interval as the previous storage year, 263 days, provides room for growth of approximately 1,380 dwelling units. Of the 1,380 dwelling units, our firm has written will -serve letters for 270 units over the past 1.5 years, the majority of which will use capacity in the future. This includes the Aspen Ridge Subdivision Phases i and II (130 lots), the Greystone on the Payette Condominiums (30 condos), Rio Vista STEP Sewer System (90 lots), Pine Meadows Condominiums (8 condos), and Wildwood Condominiums (12 condos). Furthermore, we are unaware of will -serve letters that may have been written in the recent past by the Public Works Department, which may have included the River's Crossing Subdivision (59 lots), Woodlands Development Phase 2 (? Lots), and potentially others. Please verify the number of dwelling units that have been approved by the Public Works Department since the beginning of 2003. Also. due to the rapid growth observed during the past year, City in -!ill has been substantial. We are aware of 3 cases of recent City in -till including Hayes Estates Subdivision (2 lots), Gun Hill Subdivision ±3 lots), and the Fir Street Utility Extension (5 lots) that will contribute flows in the future. The amount of City in -fill, not including lots from the developments listed above should be quantified, based on permits issued since July of 2003. The City Building Inspector must be consulted to determine this value as we do not have this information. Additionally. development applications are currently being reviewed or Lindley Kirkpatrick, Page 3 of 4 pending submittal for several developments including the River Ranch Subdivision (67 lots, requesting sewer service due to Central Health District Recommendation), Whitetail Development (15 lots, remainder of 200 lots proposed served by the Sewer District, application not yet submitted), Candlewood Condos (16 condos), Treasure Communities (30 condos, application not yet submitted), Hopkins and Fields Development (? Lots, application not yet submitted), Michael Goldman Development (? Lots, application not yet submitted), Greystone Village (? Lots, application not yet submitted), and the McCall Rental Relocation (1 commercial building, application not yet submitted), Bret Walker Development (1 commercial building and six residences). The winter storage pond appears to be the next bottleneck in the wastewater system. The City's portion of the winter storage pond must be identified to determine if capacity exists for further development within the City, assuming the issue of land application capacity is addressed. The final potential choke point for the wastewater system is the wastewater treatment facility (WWTF). Based on the capacity value of approximately 2.0 MGD currently used by the City and District for capacity allocation, the wastewater treatment facility has a slightly greater capacity than the winter storage component of the system. The combined peak flow of the City and PLWSD in April of 2003 was 1.24 MGD. Peak flow in spring months was used as a basis for remaining capacity due to high inflow and infiltration (I/1) to the sewer system, causing a substantial amount of the WWTF capacity to be used during Spring months. The flow from April of 2003 was used as a basis because this represents the highest recent flow since the year 2000. When the winter storage assumptions are applied to treatment capacity, approximately 2,900 dwellings could be added to the system. However, it is our understanding that the City owns 2/3 of this capacity and 1/3 is owned by the PLWSD. The City's influent volume during the month of April was 32,926,000 gallons, equating to an approximate average daily flow of 1.1 MGD. Two-thirds of the plant capacity is approximately 1.3 MGD. Therefore, the remaining capacity for growth in the City is approximately 836 dwelling units if the WWTF were the system bottleneck. Capacity of the WWTF may be reduced based on a year with high precipitation due to increased flows from I/I, which also affects the remaining capacity in winter storage. More information and analysis is needed to justify capacity values as affected by I/I flows. In a memo from Dale Caza of the PLWSD to Paul Levinn in the year 2000, a priority listing of manholes that need repair was provided. It was noted, "from 38 M.H.'s listed at a #1 severity, a possibilty of I&I at 250,000 gallons per day exists.", which applies only to periods of high I/I. A "# 1 severity" refers to the ranking system adopted at the time of the study on a scale of 1-5, where 1 indicates major infiltration (>5 gpm). Furthermore, a report by J-U-B, dated June 1993, and revised in June 1996, Facility Plan Report Book Four Inflow and Infiltration. Citv of McCall. noted that I/I flow varies greatly. Over a period of four years (1990-1993), I&1 contnbuted 1 7.7-63.6 MG annually of flow to the WWTF. It is clear that UI has a significant impact on the capacity of the wastewater treatment and disposal system. Capacity of land application, at the current combined flow rate from the City and PLWSD, will likely be inadequate in the immediate short-term future, according to values and data Lindley Kirkpatrick, Page 4 of 4 provided in the letter by J-U-B and flow data from the WWTF. The available capacity of land application and winter storage is significantly less than the design values noted in the City of McCall Revised Facility Plan Report. dated June 1996. A meeting was held on October 22, 2004 between the City, PLWSD, JDPA, and DEQ to discuss decreasing the amount of dilution of treated effluent in order to apply a larger amount of effluent to participating farmland. Although we were not involved with that meeting, it is our understanding that the result verified inadequate capacity for land application effluent disposal based on several issues identified at that meeting. The opinion was voiced that farmers associated with land application of effluent would not be able to take more effluent than is currently estimated (approximately 230 MG). This must be verified. Based upon your email concerning the meeting between the City, JDPA, PLWSD, J-U-B, NRCS, and the DEQ on October 22, 2004, we recommend considering a moratorium on new building permits until this issue is better defined. We recommend quantifying the exact number of dwelling units that have been approved with "will -serve" letters and the exact number of City in -fill lots since January of 2003. As City Engineer working on the City's behalf, we cannot obligate the City with future will -serve letters until the above issues have been addressed. Assuming the land application issue is addressed, the City will be able to allow new sewer connections up to its portion of capacity of the winter storage or wastewater treatment facility depending on which component is limiting. This may limit growth to development that has already received a commitment from the City, depending on the amount of capacity reserved for the City at the winter storage facility. More detailed data and significant time and resources are required to verify precise values for the capacity of each component. However, based on the noted capacity of land application and meeting on October 22, it is clear this component of the system is the current bottleneck and must be addressed as the highest priority to allow use of remaining capacity of the winter storage pond. In the short-term, I/I reduction projects in the sewer collection system can be used to create additional capacity. A manhole rehabilitation program could potentially be implemented through the winter to reduce flows into the sewer collection system. However, long-term planning efforts for a new wastewater treatment and effluent disposal system are recommended. Respectfully Submitted, HOLLADAY GINEERING COMPANY By. / ,e.66�-LYE and By: / / 1 , ►.� ; Shawn A. Kohtzs-E'rT., M.S' Vernon E. Brewer, Project Manager And 3v: V c�_- Kenneth R. Rice. P.E. CC. , Bill Keating, City of McCall Bill Burke. Payette Lakes Water and Sewer District Lindley Kirkpatrick, Page 4 of 4 provided in the letter by J-U-B and flow data from the WWTF. The available capacity of land application and winter storage is significantly less than the design values noted in the Citv of McCall Revised Facility Plan Retort. dated June 1996. A meeting was held on October 22, 2004 between the City, PLWSD, JDPA, and DEQ to discuss decreasing the amount of dilution of treated effluent in order to apply a larger amount of effluent to participating farmland. Although we were not involved with that meeting, it is our understanding that the result verified inadequate capacity for land application effluent disposal based on several issues identified at that meeting. The opinion was voiced that farmers associated with land application of effluent would not be able to take more effluent than is currently estimated (approximately 230 MG). This must be verified. Based upon your email concerning the meeting between the City, JDPA, PLWSD, J-U-B, NRCS, and the DEQ on October 22, 2004, we recommend considering a moratorium on new building permits until this issue is better defined. We recommend quantifying the exact number of dwelling units that have been approved with "will -serve" letters and the exact number of City in -fill lots since January of 2003. As City Engineer working on the City's behalf, we cannot obligate the City with future will -serve letters until the above issues have been addressed. Assuming the land application issue is addressed, the City will be able to allow new sewer connections up to its portion of capacity of the winter storage or wastewater treatment facility depending on which component is limiting. This may limit growth to development that has already received a commitment from the City, depending on the amount of capacity reserved for the City at the winter storage facility. More detailed data and significant time and resources are required to verify precise values for the capacity of each component. However, based on the noted capacity of land application and meeting on October 22, it is clear this component of the system is the current bottleneck and must be addressed as the highest priority to allow use of remaining capacity of the winter storage pond. In the short-term, I/I reduction projects in the sewer collection system can be used to create additional capacity. A manhole rehabilitation program could potentially be implemented through the winter to reduce flows into the sewer collection system. However, long-term planning efforts for a new wastewater treatment and effluent disposal system are recommended. Respectfully Submitted, HOLLADAY GINEERING COMPANY By: 6y% Vernon E. Brewer, Project Manager And By: Kenneth R. Rice, P.E. and B Sliawn A. Koht ., M.S/f CC. Bill Keating, City of McCall Bill Burke. Payette Lakes Water and Sewer District Lindley Kirkpatrick, Page 2 of 4 of irrigation water to treated effluent, thus increasing the volume of effluent that can be applied on the land application sites. The amended consent order also involves negotiations with the JDPA. The capacity of land application will not be firmly known until negotiations with the DEQ and the JDPA have been completed. If an agreement can not be reached to increase capacity for the wastewater component at the land application sites, it appears that emergency discharge to the Payette River will likely be necessary within the next storage year as some treated effluent will remain in winter storage at the end of each irrigation season. Once the land application capacity is addressed, the next potential choke point in the system is winter storage. According to the information provided in the September 16, 2004 letter, the maximum stored volume in the winter storage cell in the 2003/2004 season was approximately 150 MG. The data provided in the submitted calculations, Preliminary Water Balance J-Ditch Phase 2 Operating Year 2003-2004 by J-U-B, supports this conclusion. The data also indicates that 30-40 MG of leakage from winter storage occurred during the 2003-2004 storage season (September 12-early June). Assuming leakage from winter storage has been eliminated, the amount of storage reserved for current use is 180 MG to 190 MG. According to the letter, winter storage capacity is approximately 280 MG. Therefore, 80-90 MG of additional storage is available for growth. We require further information regarding the amount of winter storage that is reserved by the PLWSD and the amount that is reserved by the City. Assuming no leakage, the total storage capacity used by the City during the 2003-2004 storage season was approximately 162 MG accounting for precipitation and evaporation, and the amount used by the PLWSD was approximately 26 MG. Assuming an average 2.5 people -per dwelling unit, which is slightly more conservative than the census statistic of 2.25 people - per -household (US Bureau of the Census, 2000) and multiplying by 100 gallons -per - capita -day (Recommended Standards for Wastewater Facilities, 1997), provides an average flow per dwelling unit of 250 gallons per day. Applying this value over a storage year assuming the same time interval as the previous storage year, 263 days, provides room for growth of approximately 1,380 dwelling units. Of the 1,380 dwelling units, our firm has written will -serve letters for 270 units over the past 1.5 years, the majority of which will use capacity in the future. This includes the Aspen Ridge Subdivision Phases i and ZI (130 lots), the Greystone on the Payette Condominiums (30 condos), Rio Vista STEP Sewer System (90 lots), Pine Meadows Condominiums (8 condos), and Wildwood Condominiums (12 condos). Furthermore, we are unaware of will -serve letters that may have been written in the recent past by the Public Works Department. which may have included the River's Crossing Subdivision (59 lots), Woodlands Development Phase 2 (? Lots), and potentially others. Please verify the number of dwelling units that have been approved by the Public Works Department since the beginning of 2003. Also, due to the rapid growth observed during the past year, City in -fill has been substantial. We are aware of 3 cases of recent City in -till including Hayes Estates Subdivision (2 lots), Gun Hill Subdivision (3 lots), and the Fir Street Utility Extension (5 lots) that will contribute flows in the future. The amount of City in -fill, not including lots from the developments listed above should be quantified. based on permits issued since July of 2003. The City Building Inspector must be consulted to determine this value as we do not have this information. Additionally, development applications are currently being reviewed or ty of McCall Wastewater System: Effect of Community Growth and Sewer Collection System Repairs Sewer Collection System Repair Dedicated Growth and Recent City In -Fill 12/2/2004 Wastewater System Growth and Sewer Repair Status 1 rea Flow (gallons/day) Area: I 100,000 Area 2 :22,0,000 Area 3 140,000 Total Other Areas . 210,000 Total ` 670,000 Reference: Facility Plan Report, BookFour, Infiltration and Inflow; Page 5. City of McCall, June r1996-Revised, J,-U-B. 12/2/2004 ,"'; "After" ] l e store :enis of -If No measurements available to gage effectiveness of III removal since 1996 I/I measurements in Spring '05 Estimate of effectiveness of I/I removal after measurements are completed. Consider follow-up measurement after Lake Street Sewer Rehabilitation. 12/2/2004 Wastewater System Growth and Sewer Repair Status 3 Dedicated and.Ikecent Sewer Hookups ,f 'Number of Hookups Dedicated Recent City In -Fill ; r161 (Verification in Progress) D'edicated'to New 522 Development ,ITotal Future City In -Fill Outside New Development 12/2/2004- 683° Estimate of Effect on . Wastewater Treatment and. Digposat ,stems . vstem Recent Dedicated 'Total Remaining 'omponent Capacity by the Capacity in City of McCall Component Wastewater Treatment Facility 683 D.U.'s 2,900 D.U.'s Winter 683 D.U.'s 836 D.U.'s/? Storage Land 683 D.U.'s 0 D.U.'s/? Application . kovt Basis for Capacity Evaluations: Letter from Holladay Engineering Company to Lindley Kirkpatrick, dated October 28, 2004. D.U.'s = Dwelling Units 12/2/2004 044,5t 1 [ tvtitl l ter Wastewater System Growth and Sewer Repair Status c) It v.)t(rtco 5 aA, stithate Estimated Growth and Remaining Component Capacity 4000 3500 3000 2500 m 2000 1500 1000 500 0 2003 r — Estnetedc;rtyGrowm r'% 2013 2018 Addinonal Cistrici Growth? Corrbned w lm City Growth Wastew aler Treatrrent Faciiy Additonal Capacity Wnter Storage Addaonal Capacity I" — Additional Land AppticatIon Capacity? "Neill -Serve" letters no longer written; by City since'capaeity; issue surfaced (10/28/04) I/I Removal proceeding with Lake Street and systematic manhole repair Emergency Discharge Permit 60:1 Dilution Public Perception J-Ditch System Capacity Debt -Life Expectancy 12/2/2004 Wastewater System Growth and Sewer Repair Status 6 Dedicated Growth and Recent ita tin=Fi. Dedicated and recent sewer hookups Effect on land application, winterstorage,; and wastewater treatment facility Residences receiving a building permit issued after September 2003 not constructed until Summer of 2004 and must be included in recent City in -fill category. Dedication for new development is based on development that has, received final plat or a "will -serve" letter, but has not received building permits for individual lots. Handout describing details 12/2/2004 Wastewater System Growth and Sewer Repair Status 4 Map of completed repairs and identified' repair needs Legend: Blue Yellow = Red Repaired Manhole Replaced/Repaired Sewer Main .Identified Repair Need Refer to 1996 Facility Plan Report Map Inflow and Infiltration (I/I) Estimates in 1996' Facility Plan Report by Area Repair Map w "Before and After" Measurements of I/I to Assess Effectiveness Measurements during peak I/I period in spring months. 12/2/2004 Wastewater System Growth and Sewer Repair Status 2 r� 0 September 16, 2004 Mr. Bill Burke Payette La Water and Sewer District 201 Jac McC. , ID 83638 ear Mr. Burke: RECEIVED SEP 2 0 2004 J-U-B ENGINEERS, Inc. ENGINEERS • SURVEYORS • PLANNERS Regional Office 250 South Beechwood Avenue, Suite 201 Boise, ID 83709-0944 208-376-7330 Fax: 208-323-9336 www.jub.com I apologize for not getting this letter to you sooner, but, as usual, we thought we would have enough data to provide a preliminary analysis sooner. With the assistance of the City of McCall, we have all of the data available for flows into and out of storage. Based on our analysis of this data, it appears that the storage lagoon is leaking approximately 50 million gallons per year. Allowable leakage under DEQ guidelines would be approximately 23 million gallons per year. The maximum stored volume in June 2004 was approximately 150 million gallons. During the storage year, September 12, 2003, to June 2004, approximately 30 million gallons leaked out of the lagoon. For this storage period of approximately 263 days, if the lagoon did notleak, approximately 180 million gallons of storage would have been required. There is approximately 280 million gallons of total storage volume in the existing lagoon. Based on these numbers, the existing excess storage capacity is approximately 100 million gallons. Based on just existing available storage capacity of 100 million gallons, a daily flow of 300 gallons per equivalent dwelling unit and a storage period of 270 days, approximately 1,200 additional units could be added. The limiting criterion for capacity appears to be water usage on the J-Ditch Pipeline Association lands. The actual water usage is substantially less than anticipated. The actual water usage for 2003/04 was approximately 180 million gallons. The pumping to the land application site was curtailed early because of road construction and might have been continued for another 15 to 20 days. Expected pumping during this period is estimated to be 40 to 50 million gallons. Therefore, the required capacity based on the 2003/04 data, without leakage losses, is approximately 230 million gallons. This is approximately the total flow into the McCall treatment plant for the 2003/04 storage and pumping season. This would indicate that, if leakage out of the lagoon is prevented, the capacity of the treatment facility is approximately 230 million gallons of flow per year and the land application site is at capacity. The City of McCall has been pursuing a modification of their consent order to allow for application of undiluted effluent during certain times of the year. A preliminary amended Consent Order has been developed between the City and DEQ and a meeting is being set up with the J-Ditch Pipeline Association to determine if the provisions are acceptable to them and to determine how much treated effluent can be applied. At this point, without the amended Consent Order and the utilization of considerably more treated effluent by the J-Ditch Pipeline Association, it is reasonable to conclude that very little excess plant capacity exists. It is my opinion that some moderate growth, 10 to 20 connections per year, is acceptable. However, long term, it will be necessary to apply more treated effluent to the land application site in order to have capacity that is compatible with the reserve storage capacity. The tasks remaining to determine plant capacity other than the Consent Order issues is to examine the City and District flows and to determine a definition for each of an "equivalent user", examine the original flow projections on a year-to-year basis and to determine if the existing wastewater treatment system capacity is adequate based on the model we used to predict performance. 12u01/2004 17:50 FAX 2086343038 CITY OF MCCALL 12/01/2004 15:24 FAX 2083236386 002L4 City of McCall J-Bitch, Operational/Storage/Irrigation Issues 2002-2004 BACKGROUND Since the effluent storage pond was first filled, beginning in the fall of 2001, there has been sufficient capacity to allow treated wastewater to be stored and discharges to the North Fork of the Payette River have not been necessary. The total storage volume of the reservoir is approximately 270 million gallons. The historical quantity of treated effluent in the lagoon at the beginning ofthe irrigation season over the past three seasons is presented in the table below. It has previously been estimated that the pond leaked a total of 50 million gallons in 2004 (30 million gallons during the storage season and 20 million gallons during the irrigation season). It is believed that 2004 was the year of greatest leakage from the pond and these estimated leakage values have been applied to all three years of operation to provide a conservative evaluation of available storage. YEAR MAX. EFFLUENT IN STORAGE 2002 I 2003 2004 170 million gallons 163 million gallons 151 million gallons MAX. EFFLUENT IN STORAGE w/out LEAKAGE 200 million gallons 193 million gallons 181 million gallons % of max 74% 71% 67% As can be seen, the lagoon has historically had approximately 70-89 million gallons of additional storage available at the end of the storage season, without leakage through the liner. While efforts have been made to repair the liner, it is unlikely that all of the leaks will be identified and repaired. DEQ allows the pond to leak 1/8" per day, or approximately 23 million gallons per year. If the pond were to leak at the maximum rate allowable by DEQ, the available storage capacity at the end ofthe storage season would have ranged between 93-112 million gallons. In each of these years, the pond has been successfiilly emptied during the irrigation season through blending with irrigation water at a ratio of 3:1 (total flow: of luent flow). Records were reviewed to examine both the rate and duration of flows from the lagoon to the mixing station. Presented in the following graphs are the daily flow rates and cumulative totals for each of the previous irrigation seasons. From this data, it can be seen that the Facility Plan peak design flow rate of the pump station of 4,600 gpm (494 MG applied to 2300 acres over a 75 day period) has not been achieved during the previous three irrigation seasons and the average flow rate is approximately 1,900 gpm, less than half of the design flow rate. The total quantity of effluent delivered to the mixing station and subsequently delivered to the agricultural land and used for irrigation has been measured and recorded by flow meters both at the pump station and the mixing station. These totals are presented in the figure below. 1 12/01/2004 17:51 FAX 2086343038 CITY OF MCCALL 12/01/2004 15:24 FAX 2083238336 .,/ LL Presented in the table below, are the total number of days between the first and last day that water was pumped from the storage reservoir and delivered to the mixing station and the resulting average flow rate based on the number of days presented and the total effluent delivered to the mixing station shown in the previous figure. YEAR 2002 2003 2004 DAYS OF DELIVERY SEASON AVERAGE FLOW RATE (gpm) --- - 65 — - --... 19?6 93 1635 58 2151 During the 2002 season, the duration of the delivery season was limited by the late starting date that resulted from work being completed on the J-Ditch project. In 2002, the delivery season did not begin until Airy 3, while th-e- irrigation season -began earlier. In -- 2004, the delivery season was cut short by approximately 20 days to facilitate construction of the new bridge and bypass roadway. The previously presented numbers show that the total quantity of treated effluent being applied to those lands designated for application of blended effluent is much less than the value used in the Facility Plan. The NRCS stated the land owners would use approximately 23.76" of water per year, which would allow the City to discharge over 494 milli -on gallons o treated e __._.e._. effluent at the 3:1 dilution rate on 2300 acres. Howevor, it .... can be seen that the maximum amount of treated effluent that has been delivered to date was in 2003 and was approximately 219 million gallons. This volume was delivered over a 93 day delivery season. Since the construction of the lagoon, it has been found that the lagoon leaks. Testing has been conducted in 2003 and 2004 that show the lagoon to leak in excess of DEQ requirements. Actions have been taken in the fail of 2003 and 2004 to attempt to repair the known leaks in the liner. A water balance study has been conducted in an effort to estimate the annual leakage from the lagoon. Based on numbers for the 2004 season, the leakage from the lagoon has been estimated to be approximately 50 million gallons per year and 30 million gallons between September and June (storage season).. At the current time, it is uncertain if the pond continues to leak. DEQ required testing will be performed in June of 2005 to evaluate leakage. In order to provide some perspective on these flows and what was anticipated prior to construction of the storage reservoir, earlier predictions and estimates can be examined. Included in the following graph are predictions that were made regarding the necessary storage volume that would have been necessary in past years based on historic flow records. This information was developed during the planning and design phase of the J- Ditch project. As can be seen in the figure, the pond would have been nearly completely_ full during the `941'95 and `96/'97 seasons, and if the irrigation season had been shorter than 100 days, the storage capacity would have likely been exceeded and a river discharge may have been necessary. 3 12/01/2004 17:52 FAX 2086343038 CITY OF MCCALL 12/01/2004 15:25 FAX 2083238336 L( 00 )b6Ucc actually being used Initial investigations_ nto_this issue appear to indicate -that_, significantly- less irrigation water is being_applied to the JDPAI lands than_a .ticipat-ed._ It appears that the NRCS value of 23.76" per year of irrigation water that the City relied upon May have failed to consider CrEier tactors. __trst, tt is not cleifif the actual water rights held by the land -owners were considered and if the water rights were adequate to pmvide the stated 15.84" of water per year for blending purposes (15.84" irrigation =� 7.92" treated effluent = 23.76" total irrigation). Through recent discussions with property owners, we have found that some irrigators are liiriited by water rights while others have adequate water rights, but -do not have a need to utilize their full water right. Another factor is that some irrigators do not appear to need23.76" of irrigation water even when the water rights allow this quantity of application.For example, based on discussions _ with one of the irrigators, he typically uses 6-8" of irrigation water on his low-lying ground and 18" on the higher ground. In order to clearly identify the capacity of the existing system, the actual water usage for each of the JDPAI irrigators must be established. This information will require a more detailed examination of each irrigation system and the water rights associated with the land. Additionally, this investigation should include an evaluation of tlne two-way and three-way agreements and the responsibilities of each of the parties should be considered. (Attached for reference) Additionally, it does not appear that a total of 2,300 acres has been provided for irrigation with blended effluent. Based on NRCS evaluation in 2002, it appears that the actual nti b of irrigated acres is closer to 2,000 acres instead of 2,300 acres, a reduction of 13%. The actual number of acres being irrigated should be clearly identified and the resulting impacts on disposal capacity and compliance with prior agreements should be evaluated The Facility Plan identifies options that should be considered to increase the system capacity. The Facility Plan did consider the possibility that the JDPAI irrigators would use less water. These options warrant further evaluation because of the situation you are now facing. The alternatives identified in the Facility Plan included: Pre/Post-irrigation season application, ▪ Reduce plant flows (I&I), • Secure more land for irrigation disposal (through purchase or agreement), • Acquisition and permitting of a site for slow -rate land application to supplement JDPAI lands, • Acquisition and permitting of a site for high -rate land application or a snow fluent system, and Discharge to the J-Ditch at dilution ratios lower than 3:1. In addition to these actions identified in the Facility Plan, there are other actions that the City can take to increase the capacity of the existing system and to mitigate for a potential river discharge_ These include operational measures to reduce or eliminate pump down- 5 12/01/2004 17:53 FAX 2086343038 CITY OF MCCALL 7FOM„ L 12/01/2004 1526 FAX 2083238336 A copy of both the two-way and three-way agreements has been attached for your reference and specific language in the agreements has been highlighted. We believe that these agreements establish the responsibilities of the various parties and may provide insight into the current capacity issues being considered. Operational modifications. It has been previously noted that operational modifications could increase the total quantity of effluent that could be delivered to the irrigated lands while still providing the dilution ratio of 3:1. In each of the three previous years of operation, there were operational measures that could have been taken to increase the quantity of effluent disposed of. However, in each year, there was not a need to realize these opportuirities as the pond was completely emptied. In 2002, the pump station could have been brought on-line at least two weeks earlier, but the contractor was still working on the pump station and this delayed placing the pump station into operation. In 2003, the pump station was started shortly afler the irrigation season started. Delays were necessary to allow leakage testing to be conducted on the pond. Additionally, during 2003, there were at least ten days during the irrigation season when effluent was not provided for nixing. These days resulted primarily from a lack of water in the reservoir and to a lesser extent by equipment malfunctions. In total, it is expected that 15 days of pumping were not utilized during the 2003 season because they were not needed or other factors interfered with pumping. In 2004, the delivery season was again delayed and impacted by leakage testing and the delivery season was cut -short by approximately 20 days because of road construction. In total, it is estimated that approximately 30 days during the irrigation season were not utilized during the 2004 season because they were not needed or other factors interfered with pumping. Given the recorded delivery quantity of 219 million gallons of effluent in 2003, and 20 days not utilized for pumping. an estimate of the amount of effluent that could have been disposed of can be made. If we assume that the average pumping rate during the unused 20 days would be 1,900 gpna, the additional quantity of effluent that could have been disposed of would have been 54.7 million gallons. This brings the maximum total of treated effluent that could have been disposed of in 2003 to 273.7 million gallons Taking the same approach for 2004, an additional 82. l million gallons of -effluent could have been disposed of, bringing the total to 261.Tmillion gallons for the year 2004. Based just on the years 2003 and 2004, the total disposal capacity averaged 267.7 million gallons if all of the available days had been utilized for pumping. Given the current issues with capacity, we believe it would be prudent to look closely at those pieces of equipment in the system that could impact dilution ratios to ensure that the system is operating as it should. Key pieces of equipment that should be looked at include the system flow meters. The various meters associated with the system are susceptible to damage. Flow meter readings should be checked against other flow records, pump curves, and irrigation district measurements to ensure that the flow meters are recording flow rates accurately and the irrigation water sent to the farmers is mixed at the prescribed ratio. 7 12/01/2004 17:54 FAX 2086343038 CITY OF MCCALL 12/01/2004 15:26 FAX 2063238336 0v0 / v _` dime 'Simplot Cnrzan 142 Ranch (Bettis) Falrbrother179 Missals 172 Maki 120.5 (Jake) Mold (Ni9) 2129 sttl$ 456 Pwdom 599.6 467.4 (5725) (210_4 132.2 Area with � dPeed w ElRuent- A_ j rs by Chow, 26 if 126 by Approved (01126), Choice. 0 if Ptin 42 t1 14 42)[142] ?proved 170 (179) (1791 192 (10z)1U1 94.5 (40.9)110 160.5 [711 (711 R,agram�n permed vie emA (Disapproved vie email Verbally approval of Draft proposal, signed off on mn cept Aceeot Grating ing Management ablesidiel 'Disapproved t 'Disapproved via email 'Verbally approved of Verbally approved of Draft Proposal. Nand off Draft Proposat signed off on concept ,'Nl concept 0 Approved. Signed oft on inapt and Drag Proposal concept and Draft _o�po�pf,� 10 Verbally approved of Draft vcrvnq approved of Proposal Draft Proposal 34 Approved, signed off on Approved. signed off on =meet end Doak Proposal concept and Dreg Proposal 52.4 Verbally approved of Draft Proposal, signed ot\7ref1 Proposal, signed off TOTALS 447 (447) t1131 Accoof P9atrofi 1310101211102 Approved. signed Off On Verbally appraise of Oran proposal, signed ort on WOOM 9 Verbally approved of Draft Proposal, signed off on �ra! Rep�rseantallvea verbally approved of Draft Prnpoaal 1.6524 (1,414.41 2,016 727.71 553.t" on wno6Pt Verbally approved of Approved. signed off on oncept and Draft Jarbdly approved or Draft Proposal approved. signed off on ]rah Proposal Verfelly approved of "I moot • ✓erbeoy approve of Draft Proposat signed ot0.Dren Proposal, signed off on concept aCr Representatives verbally R ilves verbal approval of Oran approved of Draft Proposal °r000sal Recent contacts with the property owners have indicated a reluctance to embrace the concept of unblended applications of treated effluent. We would recommend that the following actions be taken to determine if this option is viable at this time. • Schedule a meeting with JDPAJ, NRCS and the Irrigation District. The agenda should include a discussion of the following issues: o Timing of potential applications (pre/post irrigation season, times of drought, soil moisture conditions) o Interest of landowners for unblended application o Identify issues or perceptions against the application of unblended effluent. Based on the results of these discussions, the City will need to determine if this is an option that is worth pursuing further. If the landowners are reluctant to accept this alternative, we do not believe the odds of successfully implementing the approach are good. The landowners must support this approach for it to be implemented. Discharge to the J-Ditch at dilution ratios lower than 3:1. This approach would require an amendment to the Consent Order and the approval of the landowners. The prior efforts with DEQ for the 1:1 application would be valuable in these regards and the current proposed amended consent order would allow applications at dilution rates less than 3:1. However, one of the greatest problems with this approach is that it would limit what lands could be irrigated (the same as with 1:1 applications). As such, this approach 9 12/01/2004 17:55 FAX 2086343038 CITY OF MCCALL 12/01/2004 15'2/ FAY 2083239336 tJQ012 IIL?VLL may take the most time to implement, but could be structured to provide the necessary disposal capacity. Key steps that the City should take if this option is to be pursued include: • Identification ofDEQ's position on slow -rate, high -rate and snow fluent systems, • Evaluation of potential sites, • Contact potential landowners, and • Evaluation of necessary capital improvements. Discharge to the North Fork of the Payette River when capacity is exceeded. While it may not be the preferred option, the City does have the right, as granted under the current NPDES permit, to discharge to the river as long as certain conditions are met. Given the volumes that have been recorded in the past few years of operation, it appears that approximately 268 million gallons can be disposed of annually through the application of blended effluent if operational procedures are modified to take advantage of every opportunity to deliver water to the irrigated lands. Based on the actual volumes of water delivered in 2003 and 2004 of 219 and 180 million gallons, respectively, and assuming a leakage rate of 50 million gallons per year, the necessary capacity without leakage from the pond is 269 MG for 2003 and 230 MG for 2004. The City could take the approach to maximize on the opportunity to dispose of treated effluent and dispose of as much of the effluent as possible. If at the end of the irrigation season, water still remained in the pond, it would be held as carry-over. During the subsequent filling season, the City would closely monitor levels in the reservoir and make a determination ifdischarge to the river is necessary. Because of the additional storage capacity in the reservoir, the possibility exists that the City could carry-over water from one season to the next, but could then use it to blend with irrigation water during the next season. Carry-over does not mandate that discharge to the river will be necessary, but it does make this occurrence more Iikely. Key steps that the City should take if this option is to be followed include: • Review NPDES permit for discharge requirements, • Implement operational improvements previously identified, ▪ Establish criteria for determining when discharge to the river will occur, and • Establish allowable growth rate of connections. 11 12/01/2004 17:56 FAX 2086343038 12/01/2004 15:28 FAX 2063239336 C , District apsesgad essitethe Ptojar t o i fora 20 year period 'g fromthe time period of time which maj' be 'ttatgc 1��0[ any longer - D. District agrees to provide its War to maaagi- !r igarion flows, to - . coordinate with the CIW.Pao ' 4i?tin$sr das, d5':' ai thedcl Herr..: `- • pipeline and its ..�..,t.,.,.,,ents in optimum operating co�'noa. ". 9. Cily t1bligmc_;, A. , The conditions p first being mat. and District and Association having acknowledged it gation to proceed with their part of Project and approval dim Facilities Plan bavmg been received by the City itom die DivisiCto of Environmental Quality. City agrees to pmvide us pan of Project Consm cnot. to provide heated effluent water at the mixing station upon completion of Project Construction, and to operate rbe mixing station. 8. The Project C..+w...4lr,...ao3n in fact having been completed, such triaged will be . . ' , . in the : amount of the tv's tgaggigon of =w ac. • lr be ., _. , , water . as to cr thed i on w .,.:1 ..gnat torxcrei 3 in .� , _, g • d4 rosin ., . , �„ irrieapoa warer� ant naQired • 1}� net view of . ,.+ 1 . ► , 1 og 3 . ,, en h` mental, tactors. exact mixture shall be - " �� • + • 1 time t0 time CITY OF MCCALL of acreage already comrnittad justifies proceeding with expenditures of the scope contemplated for Project Construcdon.t� H. Under no « I will qty. An roon or District be oblin to proceed w • -�� •;} � tioa Ta A_� st Dy owners o acres, prior to the Associatioat's , the City's g secured Naas g (including a provision for addressing cost overruns) to do all Project Construction, or prim to requisite rights -of -way and auction sites having been obtained. - C. Under no circumstances will City, Association; or District be obliged to proceed with Project Construction unless all water users desiring to construct as on-tlem stock watering system ming the.unmixed canal water pipeline (to �• which water such user is entitled) is raasonmb1y assured that a construction grant. on a ratio of 75% grant to 25% owner contribution, is cotnmitted and available to such water user. _ - , • . 8. District Oblkigism A. The conditions first being met. and City and Association having acknowledged d r obli tgstion to proceed with their part of Project Construction, District thatt these will be sine p availaolj with ,our water. B. tunes* 441c1 to me eaten is to severe Project Construction. i'nlfltct hniving, been completed. District canal water at the mixing station in = Of treated eginent at for prvoocuo! ha accord �,. .1 1.. BCCOII i witb o to orovide wl dr %%ti the atermaster. C. airs Plant and tiv District's W c in the t this of • It • w'- - 1/1',�' p tb - aroma of Caty's -}.' . -1 ism fact used iQ thc .. + . r of • creates =canon water: or ra pee -season or post -season application of . • .1 .1 .1 ., • AGREEMENT RESPECTOTO PROVTSION•AND D.ISTRiBU rxON • �_r... —V t ' 12/01/2004 17:57 FAX 2086343038 CITY OF MCCALL 12/01/2004 15:29 FAX 2083239336 I II � �osvcc Agreement for such period of further years as they may then determine. This process may be initiated by City's sending a letter to Association, and if City chooses. to one or more individuei•lafd owners, inviting • negotiations. The process being iaitiated,.theonly obligation of the;pauties is: to explore openly in good faith whether an agreement can reached. with .: whom, and in what foam_ This Agreement th'4 meyhe.renewbd form many subsequent [Cant as may be each time $greed, or the patties, or some of them, or some or all (Ate members of one of them. inay negotiate some other arrangement, or Cry may make some entirety different lawful use of its treated effluent. E. The parties all acknow theist least five year's advance notice by each to the others of any desired change in tease arrangements is necessary in order that City can have the time to work our other arrangements and get any necessary 1P3A/DEQ pezmiis.- add soother patties can make replacement arrangements Oftheir own... . • • F . If at any time during the period of this Agreement.a member of the Association desires to ikteasitbe acreage receiving enriched irrigation water. such mbar may do so, that the deliver increaseWatemaster d volumes of water ermines diet the delivery pipeline has caPacft7 to such member without impairing its ability to deliver previously committed tt edto others. provided char no damage to the delivery facilities is' tt by such increased and'ptovided that water rights to support the use exist.. • - • G . Irrigators not receiving enriched iiiigadon water through the pipeline system may request to join the Association to receive such enriched imgation water upon approval of tbs DiMa%t•snd provided`thsslrthe Water piaster determines • • Mat the delivery '1ii su�nciertt#ipacity to�deliver increased volurnes of waster to such nn WithOut impacting its ability w _deftver pfeviouslp committed quantitiet oo ot%ci; iirriddelfiliaftio &image to:tl'ie deb -very' • facilities is tiyyscsch'u 'delivei> . and• rbtirderithat vaster- • • rights to smart the usecxi .a c' i s.. :: ai �:: i , .._ , :..s; .. : r a' • _... , .) , 11. Citv-Asaiataa to District. Valley anc� Water conservation"Dishnct and • • Association, The Conditions Precedent having been met, and approval of its Facilities Platy having been received by the City front the Division of Environmental Quality. CitY willfinpiEVAIniipt or to the Valley Soil and Water . ' . 4 District. for Association as . --. to meat actual obligations -' , -. . iree t�t Lotrsttttction, not to ---. , •' WU toward the cost of constmcnon .' acuities noof the mixing - .ti. brig limitation snau DC increased by any mteiest ear., on the state grant rece -. under DEQ Contract No. QCO2OSOO, and decreased by of S 1.00 per aaaum for of the twenty years contemplated life of this ., thus an of S20, as additional consideradon for the treated effluent, and decreased by any sum which City in fact returns to the State under such Contract upon demand having been made for such return. 12. Indemnities. A. City agrees to indemnify, hold harries and defend the Association. the District, and all signatories to User Agreemetus ("Inrimmair'*K") from any and all harm, liability, damage, expense or claim of injury ("Damages"}, together with costs and reasonable attorneys' fees, that result or arise (1) from the use and application of the-Qty's treated effluent (diluted and , •_ undiluted) forirrigation in. accordance with accepted agronomic -practices _ .. and (2) from the co . „Ip:+'on of the City's treated effluent (diluted and undiluted) by livestock. . addition, the City will also indemnify, hold AGREEMENT RESPECTING PROV[SION AND DISTRIBUTION page 4of6 ►.�-.-J !N....-. ring. 12/01/2004 17:58 FAX 2086343038 CITY OF MCCALL 12,01/2004 15:29 FAX 2083239336 01 Lb8k)44 right At the end of such 20 year period continuation of use or cessation of use shall be as. provided in paragraph 10 D. above. `' 14. In the event of any dispute in the carrying out of this Agreement, the matter shall be submitted to alternative dispute resolution before it is taken to Court 15. This Agreement is governed by the law of Idaho. and Valley County, Idaho is the proper venue. 16. As a variety of permits are involved in this matter. at least some of which impose deadlines on the ccrmittee, all arties shall cooperate to provide as timely a performance as can be obtained, and shall in no event breach the obligation of the contact -i, - :,, - _... -, . . . .. - ..__ , _. ,. 17. Any rights and remedies stated' in ails A i eI1t att;'L�1]Yulat ve. ' _ - 18 , , The ect of any party to enfocc'Ttr frights at any' particular times or upon any parr occurrences shall norrecle'resort to those rights at any other time or with respect to any other occurs s, 'Any waiver of ally light must be done Ina ` : westing executed by the party to be'charged, with such waiver. mead interned .with no : . . fewer of different formalities and approvals than were attendant upon execution of this Agreement. 19. This Agent shall bind andinure to the benefit of the parties and their respective. - heirs, successors and assigns. Data: /921ElANIZ/fr.:1..- = = - 4,.. - - QTYofM„CALL-.•!-., by 1 Herald Noires, Chairman Director % ir■ er-r J- Ditch Pipeline Association,l: .. —" Guy R. Fairbrotber, Secretary AGREEMENT RESPECTING PROVISION AND DISTRIBUTION OF !ENRICHED IRRIGATYON WATER page 6 of 6 Printed Dscamber 19, 1996 - 0 12/01/2004 17:59 FAX 2086343038 CITY OF MCCALL 12/01/2004 15.30 FAX 2083239336 bzi ULU/ GL 3. In order to complete construction of the enriched irrigation water distribution system, User agrees to cooperate in the construction and completion of User's individual on -faun ex system with construction by the I -Lateral Ditch Pipeline 'Association, inc. as • ed and described in the Three-way Agreement. User hereby agrees to contribute ten percent (10%) of the cost. in cash or in -kind contributions, tor on -farm sprinkler system improvements to permit the Project Construction to be complete and operational prior to the availability of enriched irrigation water. 4. No less than five years prior to the expiration of the 20-year term hereof (and five years prior to each expiration of each of any extended periods), the City, the User, the Association and the several iaigators making use of enriched irrigation waxer or desiring to do so, stall sit down and discuss renewal of this Agreement for such period of a further years �ybe initlated by receiving g lettcrtoAs in and to or mac indivand owners wcr from the Project di on system inviting negotiations. The process being initiated. the only obligation of the patties is to explore opraiy in good faith whether an agreement can be reached, with whom. and in what form. This Agreement dins may be renewed for as many subsequent terms as may be each time agreed, or the parties. or some of them. or some or all of the members of one of them may negotiate some other arrangement. or City may make soil entirely different lawful use of its treated effluent. 3. User shall be permitted to withdraw the acreage committed on Exhibit A prior to the end of the 20-year term hereof if and only if (I) subsnnite acreage is made available for application of enriched irrigation water and the owner of that substitute 12+w11S executes a Water User and Supply Agreement of the same form and substance as dais Agreement. (ii) there is no cost to the City resulting from obtaining substitute acreage, and (iii) any subsdrute landowner a net have adequate irrigation water rights to peezmit use of eancfted irtigai on water containing nor to exceed thirty-three and one-third percour (33 1/3%) treated effluent as required by tbee Three-way Asument. 6. Cishall simply Oulapg the =ration sego adequate auantaupt of orooerly i' io !t 'i User's acres at •. • . •. L "conraininailot tit nett.�d 33- 3 pea . i i t treated to w,. i _ w1 16 6.e teaubeiganguplau applicable federal. stare anit • Iocal laws, rules and regnlstines. The . - : �:n t the 33-1r3�6 tepee is term m�atr� Ct�r' ...'�; , n �f �tty the tteatCd ,� eTfluenr Edward e and the amount o ' - _ • + . eel the tai�ctnrr may sole ^^c �ieSS t112n "ni .�]{` ati oe ieutag " Ttae term • t. L: s2r. in! K.7V� MiYi � 7 to . " .� ; f • , 7 thou= all �?ucante of • i •� •� H e ohs add tf�C 1 anon akt to treatednlr•nt to USk(S Ja exent autumn �o permit, or outside of me ire Oron 7. City agrees to indemnify. hold harmless and defend User from any and an harm, liability. damage, expense or claim of injury ('Damages")., together with costs and reasonable attorneys' fees, that result or arise (1) from the use and application of the City's treated effluent (diluad and undfllute l) for irrigation in accordance with accepted agronomic practices and (2) from the co oisumptiou of the Cny's treated effluent (dilated and undiluted) by livestock. la addition, the City will also indemnify, bold harmless mless and defend User from any and all Damages, together with costs and reasonable attorneys' fees, involving wafer quality damage or land and soil that result or arise from spills of the City's treated effluent (diluted and undiluted). For the avoidance of doubt. the parties intend that City's indemnifications shall include only Damages caused directly or indirecdy by the presence of City's treated effluent in the irrigation and stock water distributed in Project Operation, such as water quality problems, soil or crop contamination. crop or Iivestock rtiaPase or similar Damages caused by the preseaoe of viral, bacterial, and fungal organisms, process chemicals ar similar substances in the WATER USER ANO SUPPLY AGREEMENT - page 2 of 4 printed January 22. 1997 12/01/2004 18:01 FAX 2086343038 12/01/2004 15'31 FAX 2083239338 CITY OF MCCALL tg..4G�22 GG Qcanncnr system, contemplated by the Three-way Agreement must be operational by y Ire" , 19 9 , and al! necessary permits for the acuvities contemplated hereundershall have been obtained by the City. with the cooperation of User_ If the City has duly performed and completed its portion of the Project Construction the User shall be obligated to apply enriched iragauon water maunder as soon as the mixing and errfrbt-d irrigation water distribution portion of the Project Constructicm has been completed. 12. Other than the promises. conditions mad covenants contained herein. no additional. consideration. monetary or otherwise. shall be required of the City or the User under this ......� ..t. L3. In the event of any dispute in the saying out of this Agreement. the mama shall be submitted to alternative dispute resolution before it is taken to Court. 14. This Agreement is governed by the law of Idaho, and Valley County. Idaho is the proper vertex., 15, Any rights and remedies srazed in this Agreement are cumulative. 16. The neglect of any parry to enforce its rights at any particular times or upon any particular occurrences shaU notpreclnde resort to those rights at any other time or with respect to any other occurrences. Any waiver of any right mast be done in a wrmng executed by the party to be charged with such waiver, and executed with, ao fewer or different formgirlhs and approvals than were attendant upon execution of this Agreement. .,r,k TN WITNESS WHEREOF. the City and User have set their hands as of the 199%7 CMt OF l icCAL1_ /"7 USER By: w Mayor _ .. WATER USER AND SUPPLY AGREEMENT . printed January 22. 1997 page 4 of 4 1 1 1 12/01/2004 18:00 FAX 2086343038 12f01/20O4 1b',30 FAX 2063208336 CITY OF MCCALL elto Vice City's treated effluent. These indemnifications shai1 not extend to or include (I) Damages to persons and real and personal property caused solely by the hydraulic action of escaped water from the discs button system, =eh us ditch, crop or road washouts. field erosion or structural. Damages to improvements, nor (2) Damages arising from problems User may ercaused directly or ind recdy by matter in the carts] water ce In marketing corps or livestock having contact with treated effluent leer {3) ase supplied to the mixing station. User agrees to provide notice to City. as psuulitly as reasonably possible, of unusual or uncontrolled releases of war containing City's treated effluent that a User knows or suspects could give rise to a claim- A User shall also give prompt nodes to City of say third party claims asserted against User, which claims are reasonably believed to be subject to the teams of this provision. /ler.._,.., ag Cityd U each agrees toe . hold harmlessazu mast and fro , and all harm, 17 . damage, expense or ("amages") it. - ..-, wlth !''iTSintDor in . • e of Pro,} rs chip ass or agents. S. User acba that at C;er de .• �.. the Use - + 0r nind. he— hanunder for spolieetk'on of a cm of us at ouantmes Re uSer woe'' • ► !..,; v a.. r ' .. c . to User tt urige,pas season- Lieu 1 Ave Me =Mix treated . ., ..... _ . � .. menu in�ca 1. .,1 ,_ � r+sl_uses to such peat' red -1: �` ,, to se ;- wiain accepted �:� !. . ► .I: I , ' �ry (j chains f, �stnota season ncumally ���atrca .,.. :.. USei t be .. ,� -• ter pup Y di ' tamed efih cgu 'Users kenos commons su h as wet►. �lan ao= cropping and harvesting ., . 6, unsa ona.1 fteezas�cxcesst've • Sipoil w_C y�,r conceit ens, w as truces melcure events. not sue application, 9- City shall rat DEQ to provide to User. ar Usees desigaee . regular summaries of test results for 1) City's treated a inem as delivered at the ma" lag station and 2) concentration levels of treated effluent in the treated e:ffluenticrral water mixture to be disted through the iorigation system. In the event that User notifies City that DEQ has faded to do so, City shall Amish to User copies of test results available to City. Upon notification to City of anv.vielacion of the treated diluent quality standards with aspect to viral, bacmri4 and fongai eTganisms process rh.nwa s or similar snbsnces or of any violation of approved dilunoa radon, Caty shall use beast efforts to correct such non-confo=ance within 48 hours- Should City fad to make such corrections within 48 hours. City shall cease raising treated effluent with I Ditch canal water and shall activate the bypass system to supply Liu -mixed canal water to the irrigation system until such time as such corrections are made. If at any time during the rant adds Agreement such violations persist over a continuous period of 60 days. User may termitiate this � A`greemctu 10. This Agreement shall be binding upon the hens. successors, and assigns of the User and Cittyy and then covenants erettauue d Kenya shall nun with the fated of User during the tttmberra£ . up to and Meloding �./'%; 2O /at which time this Agreement and the trams hereof shall tenet absolutely and shall cease to encumber or other ni a affect the user's lands mains a written extension hereof is duly executed and recorded by the then owtaer of the subject lands and City. try- and User agree to execute for recording by either party a written memorandwa of this Agreement ar the request of either User or City. 11. As a condition precedent to User's obligarion to apply enriched irrigation water hereunder. the Project Construction. including but not limited to the City's nce ocher of injury e attorneys' fees/ Bch as to Damages that by reason of neg ii nce or willful acts of WATER USER AND SUPPLY AGREEMENT - printeed January 22. 1997 pager 3 of 4 12/01/2004 17:59 FAX 2086343038 12/01/2004 15:20 FAX 2083239336 CITY OF MCCALL I�01 t 9u L c WATER USER AND SUPPLY AGREEMENT The City of McCall Idaho ("Cary") whose address is P. O. Box 986. McCall. 83638-0986 and Harry Bettis ("User") whose address is 10775 Sucker Creek Road, Payette. Idaho. 8366I hereby enter into this Water User and Supply A,grcement (the "Agreement") 3s of January _. 1997. RECITALS. A. The City, the J-Ditch Pipeline Association, Inc. an Idaho non -prof t corporation and the Lake Irrigation District, an !dab° statutory irrigation district have enured into an " ent Respecting Prevision of 'Treated Effluent and Canal Water to Nfixiiig Station. M� and Distribution of Enriched Ittigarioa Water for Irrigation Purposes" (the "Three-way Agreement") to construct, operate and a sovaie a mixing and distribution system for dilution and application of the Caty's created effluent water to a=iculmral lands in Valley County. Idab.o B. The purpose of the Thu .gray Agreement is to permit the City to dispose of its created effluent in a manner that fully complies with regulations and requirements of the Idaho Department of Environmental Quality ("DEQ") and any other regulatary agouties having Jui sdicnorn over said disposal, while at the same time providing enriched water for irrigation and fertilization of agricultural lands located in Valley County, Idaho such as those of User. C. City will benefit from Users appiicatitoa to User's lands of the dilute treated effluent because land application at the intended rates has been determined co be a safe means of disposing of the treated effluent in cam] imam with DEQ's de fay prohibitions of Cuy's phosphorus discharge into the North Fork of the Payette River. D. l ser has determined that 'User will benefit from the application of treated effluent to User's lands ibr the 20-year term described bcrcinbelow because the improved distribution and application system constructed in part with a 51.85 million grant obtained by the City will increase irrigation efficiency. provide crop nutrients and proraete water conservation. NOW THEREFORE, for and in consideration of the muni l promises herein contained and for other good and valuable consideration, City and User agree as follows: 1, The above recitals are incorporated herein and made a pact of this Agreement 2. User mere comics tslY treated e<�su tcto t of 1(6.d acres owned or contra e_r, Wluc and is r dcscrl an art A attaetyi hereto and iacorporat rem. User hereby warrants and represents that User has full right and authonty to commit and hereby does commit said ]cads to viliczion of treated effluent at agronomic rates and in accnrdanee with the terms and couadons of this Agreement and the Three-way Agreement for a period of 20 years. The 20-year application period shall commence on the date the first intutioa.sasso gets in which the construction obligations of die Associanon, as provided in the Three-way Agreement. and of the User. as provided berein, have been completed and rye 1-Ditch dismbution system is operational. A copy of the Theft -way A _-.......c is attached hereto and incorporated herein as Exhibit B. and capitalized terms herein shall have the same definitions as those in the Three-way ant ruler defined otherwise in the Agreement. The eprnmencement date shall not be deferred if the City has not completed its obligations to construct irs t atment system and mixing station unless all Lturs and the Associatica cvnsenE in writing to such deferral or ❑t11csx the Association has also not completed its com-uvccion obligations. ORIGINAL WATER USER AND SUPPLY AGREEMENT - page 1 of 4- printed January 22. 1997 12/01/2004 17:58 FAX 2086343038 CITY OF MCCALL 12/01/2004 15:29 FAX 2083239338 1gP017VCG harmless and defend Indemnitees from any and all Dania g'. together, with costs and reasonable attorneys' fees. involving water quality damage or land and soil contamination that result or arise from spills of the City's treated effluent (diluted and undiluted). Far the avoidance. of. doubt, the porters intend that City's indemnifications shall include only damages caused direedy or indirectly by the presence of City's treated effluent in the." irrigation and sto&water distributed in Project Operation, such as water %lality probletm. soil or crop contereinarion, aw or livestock disease and similar damages caused by the presence of viralbacterial. and fungal prosy dr.-meals or similar substances 1n the CI ty s treated 'ors shall not extend to or include (1)� to persons and real and personal property caused y • the hY action of escaped water from tie distribution system, ; i .4' as ditch, crop or road washouts, field erosion or structural -damages to timpcavements, nor (2) arising from problems users may experience nit maricedng crops or having contact with treated effluent, nor (3) damages caused dirncdy or indirectly by matter in the canaLwater supplied to the milting station. _ _ H . The Indemnitees hereunder agree to provide notice to City, as promptly as reasonably possible, of unusual or uncontrolled releases of water containing City's treated effluent that an Indemnitee-]mows or suspects could give rise to a claim. An Itidernaitee shall also give prompt notice to City of any third party claims asserted against Indemnitees or any of them, which claims are reasonably believed tc be subject to the terms of this parovis on.. C. City and District each agree to indemnify, hold hornless and defend the other against and from any and all hum, liability, damage, expense or claim of injury ("Damages"), together with costs and reasonable- attorneys' fees, each as to Damaacthattleaultor ache moue course of Project Operation by reason of ecgII ece, • ' �xTof i6 rmployoa or agents. District agrees to i���+r+fy, , t �� r•�� �� and defend the City against and from any and all harm, liability'. damage, expense or claim of injuty ("Damages"), together with costs and reasonable attorneys' fees, that result or arise from hydraiili.c action of escaped water fioin the distribution system, such as ditch, crop or road washouts, field erosion or structural damages to impovements, or Damages caused directly or indirectly bar matter In the canal water supplied to the mixing station City and District shall each maintain in force and effect general liability insurance with combined single limits of not less than 31.000,000 under which the other Is n amed as an additional named instated. 13. Definition of "User Aereementa" &used above. User Agreement means an agreement between City and a landowner, in which a landowner agrees: to commit a stated amount of acreage to the use of enriched irrigation water, and to do so far 20 years; and which a, , ,.. t does permit withdrawal of acreage prior to the end of such 20 years if substitute acreage is made available under a User A,,..... �.t and at no cost to the City. Associatitoti will assist in funding substitine acreage. If the Association is unable to obtain User Agreements respecting the serge set out in paragraph 7 above oat or before January 10, 1997. the City shall have the right to declare this Agreement of no further forte and effect, which deadlhue may be extended from time to rime at the election of the pry until Ads respecting such number of acres are secured, or City elects to go no further, whichever first occurs. Nothing in this Agreement is an assignment, abandonment, change in place of use, or wasting by City of any water or water AGREEMENT RESPECTING PROVSION AND DISTRIBUTION pie S of 6 OF Q4R1CHE3 IItRIGA?ION WATER Printed December 19. 1996 A 015 utt tr plc et wig atiitine and in accord with law for fergiuntio o users t!u su>aw .du,caree to khv r effiii i to D. DuringsMiProject rb ti e,sta&fa ai:cwd with Statearid Federal mpg o� iFistf later to be-' �faj"aloai=raue' land' appl cation E. :If y ar D 'that the other's repro ent ve is not cooperaiiag appropriately in the management of this relawwaship, and the matter cannot be resolved by contacts between the District President and the City Manager. the part feeling aggrieved shall provide notice to the other's governing body. and a joint meeting of the two gavernning bodies shall be held to discuss the matter fully. ands„ „ • - 'orthe ' ,.. • reach � t tit ere ct eti�u�eat st~aii 1.1 � ! natoe at Ciry strait undue to °a �.��°'i° ___ftsfor angel t8 r. cnndiiops of Staub a �h�as $e[t-�ba(t . i' . - • that such • . i 11 shall join in the „re to pm ' . - — is ,_ ,i,„ - ' 1,.,.,•. i. . of • - i• '•• �� •�-I •- • „.f .� -. ... lit 12/01/2004 17:56 FAX 2086343038 12/01/2044 15128 FAX 2083239336 CITY OF MCCALL be • • K1 1 11 1 vt• • an Diu 1 - and F . xn the ewer that 11 a 1••a 1 / 1 f.. 11•l _�1�. 11.1 .• .I.' ClailVar 'I1 1 •,.1 .� .. ., . • / 11 10. A. . �� p fix& being met, and City end District having ti obligetion, A. d with MOP , Coasaucdon, Association apnea, vide its. Part j • ._ • . Construction. The Project , in fan baying been coioplated. ._... . to - - 'mod . . SMOG ttpd(n • 1 :c;�.x�;.' •. �11 .' ..•,1 .:4., , . 8t ��{� 1� - t .. .,1 %.,. ��y1 Y. UMW 1 -• • 1 11 � 1 -. � ] .. ✓' , �l I i i►i`����^•�'�'• � ' ��� -- 4.1 then w111 bill downs ea 1 which to deliver this b�aaa tt° faadowners cierthe team of this Ag/�n�a ent and any extension thereof. and to rise a that there will be {�g-]L1 enough�Wwhchto��the -.1, . , , .11 ���w7. 50 tell, to accept au _4' t Mad -1 r 1 I - • 1 ., . _ . 1 lit{ Cut;ent vrwfllpw#ltll' UUas rran. 111 Irl !1'•1r 111•' 1•• 1� .a . """ 1 l el - a l az ctbCr `' ' 1 11 -I 1 • • I/A pipeline Urination water. to ftessp4 con tons. B.Association to./ the 1 1 •.... nor use fctCyv 11 .„1 utt�;er ein �!i! + owe, ows under some pressure. and i ► subject to valves and shut -oil. and thus to water hammer effects: plans and specifications for such construction shalt be submitted to elty for review and comment by the City Engineer and such consultants as such ginger may d,,,�.•...LL. C. Association will obtain execution of in r-duai User • 1 -*Ilk ono waft cut n / 11 ... oo1f�. acresq,as o ttraeQ c • r • 411 the s tP f • , dje Pr�oiect for :team ZO Y D�°d ggimur"iVromaac: time the enric�trr nation water nip g is acixvate . D. No less than Ave years prior to the expiration of that period (and five years . prior to eachexpiztttion of each of any,extended periods). City and: -... Association and the: several irrigators making use of enriched irrigation - water or desiring to do so, shall sit down and discuss renewal of this . •1111■ AGREEMENT RESPECTING PROVISION AND DIs'TRIBUTION nF TIMUV% .nil,,...,.-- 0d3vt4 12/01/2004 17 : 55 FAX 2086343038 36 12/41/2004 15:27 FAX 2 CITY OF MCCALL AGREEMENT RESPECTING PROVISION OP TREATED EFFLUENT AND CANAL WATER TO MIXING STATION, MIXING. AND DISTRIBUTION OF ENRICHED IRRIGATION WATER FOR IRRIGATION PURPOSES This Agreement is made December 19, 1996 by and•betweeo the City of McCall, Idaho, called "City" in the rest of this Agreement, the J- Ditch Pipelioa-Association. Inc. an Idaho non-profit corporation acting on behalfof its -present and futuremembers, called oc "Assiation" in the rest of this As. and the Lake irrigation District, an Idaho statutory irrigation district, called "District" in the rest of this Agreement. Background City and the Payette Lakes Water and Sewer District together own and operate and m�aiutaut a Wastewater collection systen and efflucut meanoent facility which gives rise to a volume of treated effluent which is suitable for mixing with irrigation canal water to created enriched irrigation water for irrigation and fertilization of lands. Such treated effluent has value. 4'. - mommil 2. District is an Idaho irrigation district which owns various stored water rights in elfl:1::drainages flowing to Long Valley, Valley County, Idaho, and furnishes irrigation water currently through the J-Lateral Ditch, among others. 3. City proposes to build a pipeline to, and a mixing station at, the confluence of the cpipet= and the J Literal Duch. At this site canal water and treated effluent will be �! mixed to aeatc enz khed itrigaaon water. 4. District proposes to make canal water (whether delivered by canal or by pipe) ��a.+• available for the mixing station; District has no obligadon to provide associated 4"`"1 Project Construction. • -,�'./ 5. Association proposes to build lrnigadoti w ter'hies, tine far 3Ji ►•� ioti of canal water to the vicinity of certain users' tands, and anode' r froeni ilte canal to the muting station, and fora the mixing station to the viciaity_ofitsnaeiizher iuigaxo ' lands, in order that those member inio ''?us apply YIv: ail hed'ir gatioe water to member inigataes' lands. JCssociaoan proposes as welt to •itpiabe: the-J-i.ateral Ditch with a pipeline, and to increase the amount of stored water available to Lake Irrigation District for other puirposea. by cdnsecviag watanchrougftnf best management practices. Association areanbess shall install pt'inkler irrigation systems, and certain of them shall install stock watering systems, and anticipate doing so with matching grants of 90% and 75% respectively. 6. The 'construction of a treated effluent pipeline to the mixing station, the construction of worts to dirnet canal water to the mixing station, the connection of the mixing station, and the constnxrion of downstream pipelines to users' properties, are jointly called "Project Consun ctioa " in the rest of this Agreement; and the supply of geed effluent tad canal water to the mixing station, the mixing of canal water and treated effluent into enriched irrigation water, and the distribution by the Association and by the Lake Irrigation District of the enriched irrigation water and the canal water, are jointly called "Project Operation" in the rest of this Agreement. Such Project Construction and Project Operation are together called the 'Project" in the rest of this Agreement The parties understand that unless all parts of the Project Construction are in place and functioning, the Project Operation will fail. 7. Conditions Precedent. A. The ultimate Agnminenta for the Proiect Oocratic)n tanngja Marc vears.ar'eri„Gty and District will t nee to detetmrne when the amount AGREEMa1TRESPECttNG.PROVISION AND DISTRIBUTION OF ENRICHED IRRIGA'nrnrr d,. • 12/01/2004 17:54 FAX 2086343038 CITY OF MCCALL 12/01/2004 15:27 FAX 2083235335 would limit the acreage that could be irrigated. The following initial steps should be taken to evaluate this option. • Evaluate DEQ position on amending the consent order to allow lower dilution rates, but rates higher than 1:1 and the regulatory restrictions on such an approach. • Determine landowner position on lowering dilution rates. Conduct meeting with JDPAI to discuss. Based on the responses of these entities, the City can determine if this option is worth pursuing. Reduce plant flows (1&1 and coiservation). These have been ongoing programs for the City and the results of such programs have the potential to decrease flows at the treatment plant. Continued efforts in these regards will decrease the total quantity of effluent that has to be disposed of. It is difficult to quantify the impact of these efforts on wastewater quantities. The City should continue to pursue these programs to reduce the flows received at the plant which in turn will decrease the required volumes of effluent that must be disposed of. Secure more land for irrigation disposal (through purchase or agreement). Increasing the total acreage of land that is being irrigated with blended effluent would also provide additional disposal capacity for the City's treated effluent. This process would involve identifying potential landowners whose property could be added to the system without requiring major changes to the delivery and distribution systems. We recommend that the City take the following actions if this alternative is to be further pursued. • Schedule a meeting with i'DPAI and the Irrigation District and evaluate potential properties to add to the system. • Evaluate potential capital improvements that would be needed for the identified properties. • Review three --way and two-way agreements and identify parties responsibilities for providing irrigated acreage. • Contact potential landowners about being added to the system_ After these initial evaluations, the City can determine if this option should be pursued. Acquisition and permitting of a site for slow -rate land application to supplement JDPAI lands/Acquisition and permitting of a site for high -rate land application or a snow fluent system to supplement JDPAI Bands. Both of these options are centered on providing a supplemental disposal site that could be used to dispose of the treated effluent. Either of these options would require that additional lands be identified, agreements reached, permits received, and improvements constructed. This alternative 10 12/01/2004 17:53 FAX 2086343038 CITY OF MCCALL 12/01/2004 15:26 FAX 2083239336 C 009 1Q 09/022 To maximize the amount of effluent pumped to the mixing station for irrigation at a blended rate of 3:1, we recommend the following actions: • Close coordination between the City staff and the water master. In the past, it has been typical that the irrigation season starts before the pump station is brought on-line. City staff should coordinate with water master so that the pump station can be brought on-line as soon as possible. Reschedule future pond leakage testing so that it is finished before the start of the irrigation season. Public Works department should be aware of importance of keeping the pump station operational. Problems or alarm conditions at the pump station or mixing station should be a priority. • Perform checks on flow meters using pressure gauges, pump curves, and Irrigation District data to verify accuracy and dilution rate. Through these actions, the total quantity of treated effluent that can be disposed of can be significantly increased compared to the historic values. Increases of 50+ million gallons per year can be identified from the brief operating history of the facility. Pre/Post-irrigation season 1:1 application. This concept was first considered by the City over 24 months ago and was contemplated even earlier at the time the two-way and three-way agreements were executed. Nearly two years ago, a process was begun to amend the Consent Order to allow for the application of unblended effluent before or after the irrigation season as allowed by the two-way and three-way agreements. One of the first steps in this process was to determine the TDPAI members initial position and feelings on the topic. At that time, a positive response was received from the landowners to the concept. From that point, a process was begun with DEQ to amend the Consent Order. Included in the table below, is a summary of the landowner contacts that were made by NRCS in the first stages for considering this option to amend the Consent Order. The table also identifies the number of acres that are irrigated with blended effluent and the available acres for unblended effluent application. Finally, the table identifies the landowner position on the concept. As can be seen from the table, only one landowner objected to the concept at the time these investigations were conducted. Recently, it has become evident that some of the irrigators may have changed their mind or their position. Regardless, the current position of the irrigators in regards to the use of unblended treated effluent must be obtained before this option can be considered further. 8 12/01/2004 17:52 FAX 2086343038 CITY OF MCCALL 12/01/2004 15:25 FAX 2083239336 L0007V« time in order to maximize the quantity of blended effluent delivered to the agricultural lands. If it is found that irrigation rights are a limiting factor on the land that is currently being _ irrigated, it may be wise to see if additional water rights can be obtained, or transfers or leases executed that would allow for additional application of blended effluent. While it may be considered undesirable, the City has the ability to discharge effluent flows to the North Fork of the Payette River. This option provides the City with a great deal of flexibility regarding capacity, but it is understood that this is not a desired alternative. However, given the current circumstance of lower than anticipated water usage on the 3DPAI lands, discharge to the river becomes more likely, regardless of changes in effluent quantities. RECOMMENDATIONS/ACTION ITEMS Discussed in the following paragraphs are recommendations and actions for each of the various items previously presented regarding treatment and disposal capacity. This discussion is intended to provide you with a number of alternatives to the problem you now face and to provide a better understanding of why the system is at or near capacity at the current time as well as options that the City has to mitigate against the potential of a river discharge. Evaluate existing irrigated lands. It is clear that the existing irrigated lands are not using adequate irrigation water to allow for the anticipated 494 million gallons of effluent disposal. Key issues or questions that the City should have answered include: • What is the total acreage being irrigated? • How much water is being used for irrigation? To what lands and at what rates is the water being applied? • Why aren't the irrigators using the NRCS numbers (23.76") for crop utilization? • What are the contractual obligations of the parties to the two-way and three-way agreements? In order to receive answers to these questions, we would recommend that the City take the following actions: • Review the existing two-way and three-way agreements with counsel. Determine the contractual obligations of the parties to the agreements and the City's obligations. Arrange for a meeting with the NRCS to review their input on crop use requirements. • Arrange for a meeting with JDPAI to identify actual acreage under irrigation and actual irrigation rates and patterns. Consider additional monitoring of use or installation of flow meters at individual farms in order to collect data on actual use. Evaluate potential to provide additional water rights, transfers, or leases to increase the total quantity of water (and effluent) applied to the existing acreage. 6 12/01/2004 17:51 FAX 2086343038 CITY OF MCCALL 12/01/2004 15:25 FAX 2083239336 E i 005wAvurv« aoo 275 229 Requfrsd etorag. Volume 100-Day ration season •N 11em d.O OReduoed V! 'B0 / 91 161 /'92 '921'93 bs / 9l '64 / 96 130 /97 The potential for the reservoir storage capacity to be exceeded has always been a reality _ and this fact has been recognized by all of the involved parties. It has always been understood that land application in Valley County could potentially be limited by environmental conditions such as late spring rains or other factors that could limit the amount of blended effluent that could be applied to agricultural lands. Recognizing this reality, an NPDES permit was obtained that would allow river discharge to occur under certain circumstances and conditions. During the entire permitting and planning process for the project, it has never been a question of "if a river discharge will occur", but rather a question of "when will a river discharge occur" An attempt to now define a system_ -- capacity that does not include the option of river discharge is simply not possible because of the environmental factors that can control the quantity of irrigation water applied to the land. Since the reservoir has been placed into operation, it has been shown that the needed 1 storage has been less than what would have been expected based on the historical data provided in the previous graph. However, while all of the effluent has been applied to agricultural land each season, the rate at which effluent has been delivered to the irrigators has raised some concern regarding systenn capacity. CAPACITY ISSUES The last three years of operation have shown that the limiting factor for increased capacity of the treatment system is the differential between the quantity of treated effluent that was planned to be applied to the JDPAI Iands and the quantity that is 4 12/01/2004 17:50 FAX 2086343038 CITY OF MCCALL 12/01/2004 15:24 FAX 2083239338 a0031 . 4500 4000 3500 - 3000 lit 2500 a 2000 ur 1500 --.._ --. 1000 - 500 0 5113 6/2 250,000,000 EFFLUENT FLOWS TO MIXING STATION • + Li ititeir2S614,6 ° • • • A e + 1in z c aa- 200,000,000 • 2 /50,000,000 r = 0 u, ▪ 100,000, 000 W 0 z 50,000,000 - ii 0. 8/22 7/12 8/1 DAWN ONTH 1 RO, UUU, UUU 218,948,000 YEAR _ A 8/21 9/10 9/30 179, 839, 000 a 2002 • 2003 mi 2004 ❑ 2002 ■ 2003 ■ 2004 For each year presented, the total effluent delivered is a combination of the treated effluent stored in the pond during the winter season plus additional flows that are generated during the summer. 2 PROPOSED SEWERAGE MASTER PLAN STUDY -CITY OF MCCALL, HOLLADAY ENGINEERING COMPANY, HECO PROJECT NO. ML042003, April 21, 2004 SUMMARY 1. Subject: Sewerage Facilities — Collection, mains, trunk lines, pumping stations, force mains 2. Scope of Study: City's collection facilities, existing and needed, per comprehensive plan 3. Functions: 3A. Inventory and capacity of existing facilities 3B. Projected development agenda including locations, sizes, quantities, priorities 3C. Projected repair and reconstruction agenda; with priorities 4. Scope of Work: 4A. Display graphic information on base map prepared from data supplied by City 4B. Project future additions based on present and build -out condition per comprehensive plan 4C. Determine general condition, remaining life, and capacities of existing principal facilities 4D. Determine capacity needs and probable locations of needed new facilities (lines & lift stations) 4E. Determine upgrade or expansion needs of existing facilities 4F. Prepare list of needed repairs and upgrades with item probable cost and item priority 4G. Prepare list of future expansion needs with item probable cost and item priority 4H. Key lists to map 4 I. Prepare capital improvements plan for repairs, replacements and expansions, based on demographic projections supplied by City 4J. Address CMOM requirements for City 5. Probable Cost of Study: $90,000 CITY OF McCALL MONTHLY CONSOLIDATED DEPARTMENT REPORT Items noted in red indicate that item will be removed from the next Department Report unless otherwise requested. 9-29-03 1-30-04 Pre 6-30-03 6-02-04 11-05-04 Pre 6-30-03 Pre 6-30-03 MONTH: AS of DATE: Janua 7, 2005 031100 - Pine- Wooley Connector 061600 Airport Sewer — Lift Station Krahn Lane 062800 Holiday Express Review utilities 081600 Bertram (Pancake House) Development 122000 0, W River Ranch Development Review and Water Modelling 042301 Assist SAIC With Comp Plan Amend 101401 McCall R.V. (Glenveigh) Resort Review Developing as funds allow Discussed options with BK. Awaiting further authorization. Construction underway by developer, drainage plans discussed with Kim Allen. Drainage review to be complete upon final construction using as -built information. Meeting held with developer's engineer regarding drainage. Alternatives regarding drainage improvements were presented to developer's Engineer. Awaiting developer's decision/action regarding drainage improvements to be installed. Met with developer's engineer to discuss water modeling of the proposed distribution network. Received preliminary plat application. Preliminary plat reviewed and recommendations forwarded to City Manager. Copy of review letter to City Manager regarding comments to be addressed by developer's engineer. Prepared revised subdivision and development ordinances. Submitted to staff for review and action Reviewed plans for utilities. Completed drainage review. Awaiting response from developer, engineer. Engineering Engineering Engineering Engineering Engineering Engineering Engineering 1-07-05 1-07-05 11-05-04 12-08-04 1-07-05 1-07-05 10-01-04 12-08-04 2-27-04 12-08-04 3-31-04 1-07-05 Stephen Group Vacation Homes- Greystone Development 111403 II1 Reduction Project — Mission to Mather 111603 Subdivision Review, Prior Owen Property, Bob Hunt 121303 0, D STEP Sewer Cost Analysis and Design 122103 Aspen Ridge LID Segregation, 0 & P2 011104 Council Meetings 015404 Sludge Removal 122303-JC Storage Tank Funding, Judicial Confirmation 020804 Lift Station No. 7 Upgrade 020904 Brundage Drive Sewer Upgrade 122303-FD, FDCA Water Tank Drain/Fill Line Design 031604 Payette Grand Hotel Infrastructure Review 031704 Aspen reviewed and signed. Awaiting phase II submittals and fmal plat. Cost estimate for proposed sewer Engineering improvements in progress. Estimate to be finalized upon completed agreement with Chad Olsen for remaining project. Awaited submittal from developer's Engineering engineer to finalize review of lift station design. Submittal never received or sent by developer's engineer. Comments to be forwarded to City. DEQ review returned and project rejected Engineering due to maintenance responsibility issue. DEQ requiring Public Works to maintain system. Public Works asserts that a private contractor is to maintain the system. Negotiations to start with the DEQ. Segregation analysis complete for phase Engineering II Aspen Ridge. Attended Council Meetings. Engineering Issue of funding discussed with City. Engineering Meeting scheduled to discuss proceeding with project. Reviewed new cost submittal from Payette Lake Water and Sewer District engineer for the proposed project. Awaiting further authorization to proceed. _ Complete Engineering Prepared moratorium recommendation and map. Prepared initial budgets for lift station rehabilitation for Public Works. Awaiting further authorization to proceed with upgrade design. Prepared initial budgets for Public Works. Postponement of project construction until Spring due to additional DEQ, State Revolving Loan Fund contractual requirements. Plans and specification adjustments in progress to meet additional DEQ requirements. Met with Developers to discuss preliminary concept of Hotel proposed at current Yacht Club site. Awaiting submittal for review. Design in progress. Design issues to be Engineering Engineering Engineering Engineering Engineering 9-9-04 10-01-04 11-05-04 12-08-04 11-05-04 1-07-05 1-07-05 12-08-04 11-05-04 11-05-04 12-08-04 1-07-05 1-07-05 080304 Treasure Communities Development 082004 Lick Creek Connector: Engineering Support 082304 Aspen Ridge PRV #2 Design 090404 Fir Street Utility Extension Review 060504 Lift Station #7 Moratorium 091204 Hopkins and Fields Development Review 091804 Timberlost IV Easement Acquisition 101004 Michael Goldman Development Review 101404 Benad Development (Greystone Village) Review 101804 Bret Walker Development Review 111604 Marina Development Review 111704 Scott Finley Development Review 111804 Rob Collins Commercial Site Director, and Developer's Engineer addressing water pressure and fire flow available at the site. Reviewed preliminary construction plans and forwarded review letter to City. Met with Developer and Developer's Engineering engineer prior to pre -application meeting to discuss engineering issues and attended pre -application meeting in McCall on 8/20/04. Discussed timing and impacts to road Engineering construction of proposed development with the Public Works Director, City Manager, and Aspen Ridge Development Group. Received purchase order to proceed with Engineering design from Public Works. Received calls from Developer requesting Engineering. will -serve letter. Can not provide due to wastewater treatment/disposal system capacity in question. Drafted recommendation to City Engineering regarding lift station #7 moratorium. Outlined and defined service area of the lift station. Copies of moratorium map prepared. Preliminary plat application reviewed and Engineering to be forwarded to City 1-7-05. Pre - application meeting held with development group. Will await response to review from developer and the City. Assisted in draft of easement agreement. Prepared exhibits to easement agreement including legal description and plot of proposed easement. Pre -application meeting completed. Awaiting application submittal for review. Pre -application meeting held at City Hall. Awaiting submittal for review. Pre -application meeting held at City Hall. Awaiting submittal for review. Pre -application meeting held at City Hall. Awaiting submittal for review. Reviewed annexation proposal and drafted review letter to be forwarded to City 1-7-15. Prepared preliminary investigation of off - site stormwater detention at developer's Engineering Engineering Engineering Engineering Engineering Engineering Engineering 12-08-04 1-07-05 1-07-05 Development Review 111904 Rob Collins Auto Body Site Review 120904 Mountain Meadows Development Review 121004 Wastewater System Total Flow Measurements engineer's request. Review to be forwarded to City 1-7-05. Pre -application meeting held at City Hall. Awaiting submittal for review. Completed review of preliminary plat submittal. Review letter to be forwarded to the City 1-7-05. Tracking down information/costs for installation of flow meters to measure wastewater flows contributed by the City to the wastewater treatment facility. Meeting scheduled for week of 1-13-05 with Public Works. Engineering Engineering Engineering 6-02-04 1-07-05 1-07-04 12-08-04 11-05-04 12-08-04 8-4-04 1-07-05 Ridge Water Booster Station Design 051304 C Lake Street Regional Stormwater Treatment Probable Costs 062004 Wastewater Treatment Plant Capacity Analysis 070104 Wastewater Effluent Discharge Diffuser 070204 Candlewood Condominiums Development Review 071004 Pine Meadows Condominiums 071804 Wildwood Condominium Development Review 072004 Engineering Support, Sale of LID Parcels 072804 Timbercrest Subdivision discussed with Public Works Director. Preliminary analysis and probable costs Engineering associated with an East Lake Street regional stormwater treatment unit prepared and summary forwarded to LK. Ongoing discussion regarding capacity issues with City Manager and calls received from Payette Lakes Water and Sewer District. Meeting scheduled for 1/13/05 with City Council and City Manager. Reviewed recent and committed City Growth regarding impact on wastewater treatment and J-Ditch system. Completed review of City improvements and repair needs to sewer system. Presentation to Council completed 12/2/04. Verification of growth analysis in progress in coordination with City Grant Writer/P&Z. Easement checks completed for effluent diffuser discharge location and information forwarded to Public Works Director. Private deck constructed over the existing diffuser pipe, limiting access to the pipe. Title company contacted and information obtained. Exact location verification of diffuser in progress. If emergency discharge to River is needed, this will be critical. Meeting held at project site and at Legion Hall to discuss outstanding items for final plat signature. Items have been addressed and agreement drafted for several remaining items. Final plat signed. Awaiting submittal of easements and solution to drainage issues on site prior to allowance of building permits for units to be constructed next summer. Completed review of private lift station design. Engineering comments addressed for the proposed development. Site visit with Public Works Director. Requested water line testing results from Contractor. Awaiting final inspection results from Public Works prior to signature of final plat. Received copy of proposed agreement with Silvertip, L.L.C. Reviewed proposed agreement and forwarded recommendations to the City Manager. Additional water modeling completed and forwarded to City Manager, Public Works Engineering Engineering Engineering Engineering Engineering Engineering Engineering 11-05-04 1-07-05 12-08-04 1-07-05 1-07-05 12-08-04 6-30-03 6-30-03 1-07-05 1-07-05 101501 Aspen Ridge Development Review 051802 Whitetail Development 060202 Four Corners Project 050402 Mapping 042003 Sewer Collection System Master Planning 050103 (0, A) Pressure Reducing Valve Design 061103 Water System Vulnerability Assessment 061703A City Park Grading Plan 081103 Broken Ridge Subdivision (Ray Alford) Review 111303 Review Submitted LID segregation analysis as exhibits to ordinance. Signed final plat of phase II. Meeting with Developer, Developer's Attorney and Engineer, Public Works, and City Manager held on December 16. Review of preliminary plat application in progress. Completed water model of phase IA of proposed Development. Water modeling of additional phases in progress. Developer meeting scheduled for January 14 to discuss water system requirements. ITD has represented they will be ready to bid the project in late winter/early spring. Meetings and detail information discussed with Public Works. Meeting scheduled in February with Public Works to outline tasks leading to completion of utility mapping. Data collection in progress for mapping by Public Works, but postponed due to winter conditions until spring. Ongoing discussions with City Manager regarding 1 base mapping. Summarized recent City projects for • Engineering sewer rehabilitation and needed improvements. Rough map generated for identified repairs and needs. Project planning in progress to be implemented in the Spring. Internal piping to be painted in Spring Engineering (only remaining punch list item). As - built drawings to be finalized and sent to DEQ and Public Works. Started review of vulnerability of the City's water distribution system regarding the EPA Public Health Security and Bioterrorism Preparedness and Response Act. Discussed several criteria with City Manager and will prepare self -assessment to discuss with Public Works. Discussed with Public Works Director and City Planner. Awaiting direction from City Manager or Rec. Director Final plat filed with the County without engineering signature and approval by developer. Awaiting direction from City Manager regarding identified issue. Bond submitted to City and final plat Engineering Engineering Engineering Engineering Engineering Engineering Engineering Engineering 12-08-04 1-07-05 1-07-05 Development Review 111904 Rob Collins Auto Body Site Review 120904 Mountain Meadows Development Review 121004 Wastewater System Total Flow Measurements engineer's request. Review to be forwarded to City 1-7-05. Pre -application meeting held at City Hall. Awaiting submittal for review. Completed review of preliminary plat submittal. Review letter to be forwarded to the City 1-7-05. Tracking down information/costs for installation of flow meters to measure wastewater flows contributed by the City to the wastewater treatment facility. Meeting scheduled for week of 1-13-05 with Public Works. Engineering Engineering Engineering 6-02-04 1-07-05 1-07-04 12-08-04 11-05-04 12-08-04 8-4-04 1-07-05 Ridge Water Booster Station Design 051304 C Lake Street Regional Stormwater Treatment Probable Costs 062004 Wastewater Treatment Plant Capacity Analysis 070104 Wastewater Effluent Discharge Diffuser 070204 Candlewood Condominiums Development Review 071004 Pine Meadows Condominiums 071804 Wildwood Condominium Development Review 072004 Engineering Support, Sale of LID Parcels 072804 Timbercrest Subdivision discussed with Public Works Director. Preliminary analysis and probable costs Engineering associated with an East Lake Street regional stormwater treatment unit prepared and summary forwarded to LK. Ongoing discussion regarding capacity issues with City Manager and calls received from Payette Lakes Water and Sewer District. Meeting scheduled for 1/13/05 with City Council and City Manager. Reviewed recent and committed City Growth regarding impact on wastewater treatment and J-Ditch system. Completed review of City improvements and repair needs to sewer system. Presentation to Council completed 12/2/04. Verification of growth analysis in progress in coordination with City Grant Writer/P&Z. Easement checks completed for effluent diffuser discharge location and information forwarded to Public Works Director. Private deck constructed over the existing diffuser pipe, limiting access to the pipe. Title company contacted and information obtained. Exact location verification of diffuser in progress. If emergency discharge to River is needed, this will be critical. Meeting held at project site and at Legion Hall to discuss outstanding items for final plat signature. Items have been addressed and agreement drafted for several remaining items. Final plat signed. Awaiting submittal of easements and solution to drainage issues on site prior to allowance of building permits for units to be constructed next summer. Completed review of private lift station design. Engineering comments addressed for the proposed development. Site visit with Public Works Director. Requested water line testing results from Contractor. Awaiting final inspection results from Public Works prior to signature of final plat. Received copy of proposed agreement with Silvertip, L.L.C. Reviewed proposed agreement and forwarded recommendations to the City Manager. Additional water modeling completed and forwarded to City Manager, Public Works Engineering Engineering Engineering • Engineering I Engineering Engineering Engineering 11-05-04 1-07-05 12-08-04 1-07-05 1-07-05 12-08-04 6-30-03 6-30-03 1-07-05 1-07-05 101501 Aspen Ridge Development Review 051802 Whitetail Development 060202 Four Corners Project 050402 Mapping 042003 Sewer Collection System Master Planning 050103 (0, A) Pressure Reducing Valve Design 061103 Water System Vulnerability Assessment 061703A City Park Grading Plan 081103 Broken Ridge Subdivision (Ray Alford) Review 111303 Review Submitted LID segregation analysis as exhibits to ordinance. Signed final plat of phase II. Meeting with Developer, Developer's Attorney and Engineer, Public Works, and City Manager held on December 16. Review of preliminary plat application in progress. Completed water model of phase IA of proposed Development. Water modeling of additional phases in progress. Developer meeting scheduled for January 14 to discuss water system requirements. ITD has represented they will be ready to bid the project in late winter/early spring. Meetings and detail information discussed with Public Works. Meeting scheduled in February with Public Works to outline tasks leading to completion of utility mapping. Data collection in progress for mapping by Public Works, but postponed due to winter conditions until spring. Ongoing discussions with City Manager regarding base mapping. Summarized recent City projects for sewer rehabilitation and needed improvements. Rough map generated for identified repairs and needs. Project planning in progress to be implemented in the Spring. Internal piping to be painted in Spring (only remaining punch list item). As - built drawings to be finalized and sent to DEQ and Public Works. Started review of vulnerability of the City's water distribution system regarding the EPA Public Health Security and Bioterrorism Preparedness and Response Act. Discussed several criteria with City Manager and will prepare self -assessment to discuss with Public Works. Discussed with Public Works Director and City Planner. Awaiting direction from City Manager or Rec. Director Final plat filed with the County without engineering signature and approval by developer. Awaiting direction from City Manager regarding identified issue. Bond submitted to City and final plat Engineering Engineering Engineering Engineering Engineering Engineering Engineering Engineering Engineering Engineering Engineers Surveyors Planners c00 Mr. Bill Burke September 16, 2004 Page 2 A reasonable target is to determine a means of applying enough effluent at the land application site to be compatible with the 100 million gallons of available storage. Then we can determine the projected life of the system. The analysis we are performing should allow us to determine design capacity and incorporate these values into the connection fee analysis. Until we have our meeting with the J-Ditch Pipeline Association and get their input, we will be inhibited to coming to a conclusion. At this time, if the lagoon leaks are successfully eliminated, it appears that the treatment system capacity is limited by the amount of water that can be applied to the land application site and is approximately 230 million gallons. We expect to attend your next meeting to update the Board on progress. • Sincerely, J- -B ENGINEERS, Inc. Kirby D. Vickers, P.E. KDV:Ihc cc: Lindley S. Kirkpatrick,• AICP; City Manager Timothy J. Haener, P.E. J. Matt Uranga, P.E. yF:\users\jmu\mccall capacity letter.doc N N N N Al Al N 0 O) CO A p. W N N N A O CA !D A l!1 C71 W -+ V -+ -+ 0 A -CO C. A 0 C71 CO CO 0 -+ 00 -+ N CD 0 CO A V W CD V CA CA A V N V O N O -+ W -+ "co O O C! 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CT)) CA 0) A CO0CO CO CO 0CO CO CO Co CO CO0A Co N 0 0 0 01 W 0 W CT W -1 -I 0 W A 0) �1 CO -4 CD O N CD CO N -4 0 CO CT 0) -1 -1 CD v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO W v 0) 0 A O e co CD N CD -4A e e O N U1 0) CA O O 0 0 D O NJ W 0 0 W O O 0 N W O N 0) N v CO 0 0 O CO 0) N O T CD CS O N CT A O O 0 N C7) O A O CD O N v v CD O O 0 Q (0 0 O 0 A Co 0 O O N co v O O O O n e 0 O Ca CA N j N '8 -I`0 N N CT co n 0 O Co (0 O 0 CO , W 0) co(J•1 0) „C 07 0 0 0 0 0 0 0 .► CT -4 Ca1W CO N y Q CT 0 A N -1 1 CD . O W O A Co (J1 A 05 '" W A A CO - CO CD e� e e e e e o co g o F 0 co0 0 0 0 Al 0 CT CT CT C „O* 3 A c1 �1 j 0 O CD - co O) �1 O O :3 0 0 0 0 0 0 � 0 � i_\ < N � L.> 7CQ (D McCall Sewer and Water Flows Date Influent Water 1 703100O 505 2 515 505 3 597 491 4 529 496 5 527 497. 2q 6 514 541 7 548 514 8 550 506 9 624 518 10 763 495 11 853 503 12 837 548 13 974 581 14 1039 542 15 1040 514 16 1001 483 17 1074 492 18 1176 469 19 1253 505 20 1340 522 21 1461 538 22 1540 518 23 1632 509 24 1738 508 25 1675 519 26 1658 522 27 1239 520 28 1009 489 29 987 456 30 982 451 31 1181 436 March, 2004 March, 2003 March, 2002 March, 2001 March, 2000 March, 1999 March, 1998 March, 1997 March, 1996 March, 1995 March, 2004 Hi Lo Precip. 37 5 38 4 .06 35 -1 trace 36 22 .21 36 11 .07 34 16 .05 34 16 43 21 55 16 48 13 49 13 43 19 45 17 44 23 40 23 46 25 44 21 49 21 49 23 42 14 51 21 58 29 62 26 62 23 48 31 trace 49 30 .13 40 30 .10 44 22 52 21 60 22 62 34 Influent 31,559,000 26,619,000 16,278,000 20,332,000 23,556,000 24,739,000 26,543,000 35,500,000 32,174,000 Out of Order Water 15,697,000 15,080,000 14,692,000 14,561,000 14,600,000 16,537,000 16,537,000 23,067,000 20,471,000 21,545,000 538 462 480 466 454 467 453 436 437 499 499 490 573 598 598 577 600 585 675 843 712 883 897 897 407 1015 1153 1021 892 927 1038 Effluent 18,935,000 22,994,000 14,171,000 22,099,000 23,876,000 Joint Powers Board Meeting YOU ARE HEREBY ADVISED, Pursuant to Idaho Code 67-2341 (5) (a), that The Representatives of the Joint Powers Board of the City of McCall, and The Payette Lakes Recreational Water and Sewer District will hold a meeting at the offices of Payette Lakes Recreational Water and Sewer District located at 201 Jacob St. McCall, Idaho on Tuesday June 8th, 2004 at 9:30 A.M. The meeting will be held for the following purposes: 1. Call to Order 2. Approve Minutes of October '03' meeting 3. Current Issues: a .Draft Agreement b. Status of Sludge Removal and Step Screens c. Report: Treatment Plant and Storage Pond d. Capacity: Present and Future 4. Other Business q4 5. Next Meeting Date u j — a CJ — 9; 3U Adjourn " G O C D C D 0 C D - 0 . 2 U W 2 E 3 k a M S O P : , r * v * v * v n a '