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ITEM 3.8ego C1TY OF Ot MINNESOTA DEPARTMENT T INFORMATION Request for City Council Action :. _ _ Nn_M . v �..:wn__ v x ..... N .....n _ N .., v ..., n....... _ _........... . ............... ... ......._...n.. n ...... ......... N ........ ..._.............. v _ . r _.. _ ... _ ... _ _ . _ .. _ . _ .... _ _ . Y x........... ........ r...... .... . ..........v ...... ........ ........ ......... ...... .... ........... N ............. :..... ......... ..... ............... 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 ............... ........ . ... ....... . .. .... .. . . ........ ................ ......................... ..... .... . .. .... . . . . ...... .. I ........ . .. . ........ . ..... ... .... .............................. .......... . ........ ......... . ..... ....... ... ... .. .. .. . ...... .... .. ....... .. ........ . .... .. .......... . - . .... ........ . .... .... ... ..... ..... . .... . ........ ..... . . . ...... ... . . . . .... . .... . .. ....... . .. ..... .. .. ..... ... .. .. .... .... . ... .. . . . I ... . . ........... ............. .... FUNDING: BUDGETED: YES N/A I o NO kCTION TAKEN ......... : ....................... ......... . ............. ....... . ........ . . .................. : ................... : .......... ..... .......... . .. . .......... ...... ............. .. ................. 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