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ITEM 3.9 MDH AgreementC1TYOF g0 MJHNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Utilities Kurt Neidermeier March 23`d, 2015 PRESENTER(s): REVIEWED BY: ITEM #: Consent Agenda Lori Johnson 3.9 — MDH Agreement AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of the Memorandum of Agreement for Radium 226 and 228 for Combined Discharge 3 of the East Public Water system with the Minnesota Department of Health. The Agreement was reviewed at the March 17, 2015 Public Works Subcommittee with recommendation of aDDroval. ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC HEARING REQUIRED? No. I No. BACKGROUND/JUSTIFICATION: The City of Otsego maintains a Memorandum of Agreement with the Minnesota Department of Health (MDH) to comply with water quality standards for Combined Radium 226/228 for the East Public Drinking Water Supply. The Agreement was initiated in 2013 from an annual exceedance of Radium in Well 8; one of several water production contributors to the East Public Water System. To meet drinking water standards physical blending from Wells 3 & 8 is required using calculations from analytical results and water production volumes. The agreement is reviewed annually to ensure continued compliance. Highlights of the agreement: • No water production from Well 8 from October 16 through April 14th • A limited Well 8 water production - no more the 45% of the total annual Water Production. • Annual and Bi -Annual Radium Sampling for Well House #2 (wells 3 & 8). • Annual compliance notification through the Consumer Confidence Report. SUPPORTING DOCUMENTS: Memorandum of Agreement X ATTACHED n NONE POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to approve the Memorandum of Agreement with the Minnesota Department of Health regarding operation of Wells #8 and #3 to maintain compliance with required water quality standards. BUDGET INFORMATION FUNDING: BUDGETED: ❑ YES N/A ❑ NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: Protecting, maintaining and improving the health of all Minnesotans March 6, 2015 Otsego City Council c/o Ms. Jessica Stockamp, Mayor 13400— 90th Street NE Otsego, Minnesota 55330 Dear Council Members: Subject:. Memorandum of Agreement — Request for Signature, Otsego, Wright County, PWSID 1860026 Enclosed are two copies of a Memorandum of Agreement (MOA). The MOA establishes a formal agreement between the city of Otsego Public Water System and the Minnesota Department of Health regarding the water quality of your system. If you are in agreement with the conditions of the MOA, please sign and date both copies and return them to this office within 30 days of the date of this letter. Both copies will then be signed in our office, and a completed original will be returned to you for your records. If you have any questions regarding this agreement, please contact Anna Schliep at 651/201-4667, or email anna.schliep(a),state.mn.us. Sincerely, (- L' -f Karla R. Peterson, P.E., Supervisor Community Public Water Supply Unit Environmental Health Division 625 North Robert Street P.O. Box 64975 St. Paul, Minnesota 55164 KRP:AJS:cIs Enclosure cc: John Lapointe, MDH District Engineer, St. Paul Cindy Swanson, MDH Compliance Officer, St. Paul Anna Schliep, MDH Compliance Engineer, St. Paul General Information: 651-201-5000 • Toll-free: 888-345-0823 • wwwhealth.state.mn.us An equal opportunity employer Minnesota Department of Health Otsego Section of Drinking Water Protection 625 Robert street North 1860026 St. Paul, MN 55155-2531 General Information 651/201-4700 FAX 651/201-4701 MEMORANDUM OF AGREEMENT Contaminant: Radium 226 and 228 Otsego Public Water System This Memorandum of Agreement (hereinafter "Agreement", by and between the City of Otsego, 1860026 (hereinafter "System"), and the Minnesota Department of Health (hereinafter "MDH") becomes'effective on the date signed on behalf of the MDH. I. Authorities and Findings A. Pursuant to the Safe Drinking Water Act, Minnesota Statutes, sections 144.381 to 144.387, and Minnesota Rules chapter 4720, the MDH enforces the National Primary Drinking Water Regulations. In Minnesota Rules, part 4720.0350, the MDH has adopted the federal National Primary Drinking Water Regulations, 40 CFR, Part 141, by reference. 40 CFR, section 141.66(b), establishes the maximum contaminant level (MCL) for Radium 226 and 228. B. The System seeks to remain in compliance with the National Primary Drinking Water Regulations because the System's water supply exceeds the MCL of 5.4 picocuries per liter (pCi/L) for Combined Radium 226/228. Through this Agreement, the parties seek to keep the System in compliance with the National Primary Drinking Water Regulations. II. Corrective Actions It is agreed between the System and MDH that until the corrective actions set forth below have been implemented and compliance with the MCL for Combined Radium has been accomplished, the System shall meet the following conditions: 1. The System shall monitor the Combined Discharge 3 entry point bi-annually (in Quarters 2 and 3) for radium concentrations. The entry point samples shall be collected from the source of water after treatment. All samples will be collected by the System's public water supply operator and sent to the MDH Laboratory for analysis. The MDH will supply the sampling kits and pay for the cost of analyzing the samples; however, the System is responsible for the cost of shipping the samples to the laboratory. 2. The System shall monitor the Well 3 and Well 8 source points annually for radium concentrations. The radium concentrations from these measurements will be used when updating future MOAs. These samples shall be collected from the source water before treatment and before water is combined via Combined Discharge 3. All samples will be collected by the System's public water supply operator and sent to the MDH Laboratory for analysis. The MDH will supply the sampling kits and pay for the cost of analyzing the samples; however, the System is responsible for the cost of shipping the samples to the laboratory. L C Otsego 3. Well 3 and Well 8 are connected via combined discharge at the pump -house and Well 3 has a maximum of 700 gallon per minute (gpm) pumping rate. These two wells shall meet the following.equation on an annual basis with well volume measurements taken on a daily basis: [(V3) (Ra3) + (V8)(Ra8)] / [V3+V$] < MCL with 10 percent factor of safety where: V3 = Volume produced by Well 3 V8= Volume produced by Well 8 Ra3 =Radium 226/228 concentration at Well 3 Rab= Radium 226/228 concentration at Well 8 Well 3 (2.1 pCi/L) and Well 8 (10.1 pCi/L), have an expected combined radium 226/228 concentration of 7.43 pCi/L with flow rates of 700 gpm at Well 3 and 1,400 gpm at Well 8 for a total of 2100 gpm. Based on the design of the system and the average concentrations of radium 226/228 present in the wells the following conditions will need to be achieved: a) Well 3 will be the only producing well from January 1 through April 14, 2015, and October 16 through December 31, 2015. b) MDH requires Well 8 contribute no more than 45 percent of the total volume of water during combined use. Both conditions a) and b) based on measured values of radium concentration will result in an annual combined radium 226/228 average concentration of 4.9 pCi/Lor less. if the use of Well 3 and Well 8 are not operated per the requirements in Condition 3 above for the year 2015, the System must immediately notify MDH and the consuming public of the Combined Radium 226/228 exceedance. Public notification must then continue. on a quarterly basis as required by MDH, and documentation must be provided to MDH withinl0 days of each public notification. 4. Take corrective action according to the schedule as follows: Action Required: Complete no later than: A. Collect Gross Alpha and Combined Radium samples In Quarter 2 and Quarter 3, 2015 at the Combined Discharge 3 B. Collect Gross Alpha and Combined Radium samples Completed from Well 3 and Well 8 annually C. Submit/email monthly pumping records for Well 3 The 10th day of the following and Well 8 to anna.schliep@state.mn.us at MDH month D. Memorandum of Agreement will be updated March 31, 2016 annually Otsego 1860026 Page 3 5. The System will continue to notify the consuming public annually in the Consumer Confidence Report. Ill. Further Agreements 1. If the System fails to comply with any term or condition of this Agreement that results in noncompliance with applicable rules and statutes pertaining to public water supplies the MDH may take enforcement actions authorized in Minnesota Statutes, sections 144.99 and 144.991, or any other applicable law; including, where appropriate, the assessment of monetary penalties. 2. This Agreement will be reviewed and updated annually. 3. This Agreement may not be modified or amended, except in writing and any modifications or amendments must be signed by all the parties. MINNESOTA DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEALTH Randy Ellingboe, Manager Section of Drinking Water Protection City of Otsego, MINNESOTA Jessica Stockamp,_Mayor City of Otsego Date This agreement becomes effective on the date signed by the representative of the MDH.