ITEM 3.8ego
C1TY OF
Ot
MINNESOTA
DEPARTMENT T INFORMATION
Request for
City Council Action
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bRfd- IATIN DEPAR kffE : RE UE T R: 1EETIN }ATE;
Utilities Kurt Neid rmei r December 10, 2012
PRE ENTER(s): REVIEWED BY: ITEM #:
Consent Agenda City Administrator Johnson 3.8 — MDH Agreement
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a Compliance Agreement for Radium 226 and 228 for Combined
Discharge 3 of the Public water system between the City and Minnesota Department o Health.
ARE YOU SEEDING APPROVAL OF A CONTRACT?
IS A PUBLIC HEAR ING REQUIRED'
'des.
No.
BA I ROUNDMU TIFI ATION:
Monitoring of well #8 continues to show concentrations of Radium 226 and 228 that exceed the
National Primary Drinking Water Standards. The City will implement physical blending of the water
supply sourced from wells #3 and #8 to maintain compliance with these standards. The agreement
negotiated by City staff with MDH calculates a blend that will meet these standards using analytical
results and use. The agreement is reviewed annually to ensure continued compliance. The agreement
and its requirements were discussed at the November Public works Subcommittee meeting. The City
Attorney has reviewed its content,
SUPPORTINGDOCUMENTS: X ATTACHED ❑ NONE
A. Compliance Agreement
POSSIBLE MOTION
.. ..
Please word motion as you would lite it to appear In the m1nutes.
Motion to approve an agreement with the Minnesota Department of Health regarding operation of
Wells #8 and #3 to maintain compliance with required water quality standards.
BUDGET INFORMATION
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FUNDING: BUDGETED: YES
N/A I
o NO
kCTION TAKEN
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APPROVED AS REQUESTED ❑DENIED a TABLED Ei OTHER (List changes)
COMMENTS:
Otsego Public Water Supply
1560026
M I N I E S 0 T
MENTOFHEALY #
COMPLIANCE AGREEMENT
Contaminant: Radium 226 and 228 VIOLATION
Otsego Public Water Supply and the Minnesota Department of Health
This agreement, by and bet%veen Otsego Public Water Supply, 1860026 hereinafter "System"), and the
Minnesota to epartment ofHealth hereinafter "MDH") becomes effective on the date signed on behalf of NMI.
1. Authorities and Findings
A. Pursuant to the Safe Drhikng Water Act, Minnesota Statutes 2011, sections 144,381 to 144,387 and
Minnesota Rules chapter 4720, NMH enforces. the National Primary Drinking Nater Regulations. In Minnesota
Mules, part 4720.035 0,1MH has adopted the federal National Primary Drinking Water Regul tions, 4o CFR
Part 141, by reference. 40 CFR section 1 1. 6 b , establishes the maximum contaminant level (MCL) for
Radium 226 and 228.
B. The System is in violation of the National Primaty Drinking Water Regulations because the System's pater
soppy exceeds the MCL of 5.4 pCi/L> for Radium 226 and 228. Through this Agreement, the panties seek to
bring the System into compliance with the National Primary Drinking Water Regulations.
11. Corrective Actions
It is agreed between the System and MDPT that the corrective actions set forth below ill be implemented for
compliance with the MCL for Radium using physical blending conditions at Combined Discharge 3. The
System shall meet the following conditions:
1. The System shall monitor the Combined Discharge 3 entry point annually for Radium concentrations.
2. Well 3 and Well 8 are connected via combined discharge at the pump house and Well 3 will not exceed
a 700 gallons per minute pumping Mato. Meters. at both Nvells shall be calibrated per manufacturer's
recommendations and monthly volume records i.e. fluoride records shall be submitted. These tN o
ells shall meet the following ing equations on ongoi
wells and consistent basis.
[(V3) (Ra3) + (V8)(Ra8)] / [V3+V8] < MCL with 1.0% factor of safety
where:
3 = Volume produced by Well 3
Volume produced by Well
R 3 = Radium 226/228 concentration at Well 3
Rab Radium 2261228 concentration at Well
Based on the design of the System and concentrations of Radium 2261228 in Well 3 2.1 pCi L and
Well .5 - 10,1 pCi L , the following conditions will need to be achieved:
#1. Well 3 will be the only producing well from January 1, 2013 to April 14, 2013 and
October 16, 2013 to December 31, 2013. These conditions allow a 2% of total annual
volume of water from Well 8 from January 1, 2013 to December 31, 2013.
#2 Well 3 and Well 8 have an expected combined radium concentration of 8.26 pC L with
700 gallons per minute pump rate at Well 3 and 1,400 gallons per minute pump date at
: DWP Eilfor ine tl offer eine t Templates adiutil i latioiiTiplat
Last Revision: 3/5/2012
Otsego Public Water Supply
1860026
Well 8. In order to meet the standard, Well 8 can not exceed a % utilization period
from Januaiy 1, 2013 to December 3 t, 2013. This results in no more than 6.5 months
of use for well 3 and 5.5 months of use for Well 8.
Both conditions #1 and #2 will result in ars annual average Radium 2261228 concentration of 4.9 p i/L.
. The combined discharge at wells 3 and 8 shall be monitored bi-ainivally during quarters 2 and 3 for
Gross Alpha and Radium 2261228, In addition, quafterly investigative samples will be taken for overall
trend analysis.
. The System will continue to notify the consuming public as required by the Consumer Confidence
Report and provide documentation t IDH within 10 days of each public, notification.
111, Further Agreements
1. If the System fails to comply with any term or condition of this Compliance Agreement, 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 nionet ry penalties. By entering into
this Compliance Agreement, the System waives its opportunity to contest the violation of the Federal
National rima.r linking Water Regulations ns set f i-th in Fait I above and sliall not contest such
violation in any proceeding to enforce this agreement.
2. This Compliance Agreement terminates when the System is in compliance with National Primary
Drinking Water r• Regulations. MDH will send written notification to the System when compliance is met.
. This Compliance Agreement will be reviewed and updated nnuall .
4, This Compliance Agreement may not be modified or amended except in writing and any modifications
or amendments artist be signed by all the parties.
MMES TA DEPARTMENT OF HEALTH Otsego Public Water Supply, MMESOTA
DIVISION OF ENVIRONMENTAL HEALTH
Randy Ellingboo, P.E., Manager
Section of Drinking Wates` Protection
Jessica Stockamp, Mayor
r•
City of Otsego, Minnesota
Date
This agreement becomes effective on the date signed by the representative f MDH
OADWMEnforcementTnforcement Templates adiulilViolation Teiii l t
Last Revision. 3/5/2012