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Home My WebLink AboutRESOLUTION 1980-64i :a~.;`~--- . . - . - :~.~.::.. c ~ ; ^, .-. ~~ . C1TY OF KENAI RESOI.UTION NO. 80-64 A ftESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA DECLARING THAT THE CITY OF KENAI DOES NOT, AT THIS TPVIE, ALI,nW ANY INDUSTRIAL WASTES DISCHARGF•D INTO ITS WASTFWA.TF,R SYSTF.M A1~1D ACKNOWLEDGING THE FEDERAL INDUSTRIAL WASTBS DEFINITION. i,T~REA3 . the City of Kenai doert not tww allow any industrial wastes to be discharged into its wastewater system, and WHEREAS , the U. S. Emrironm~ental Protection Ageney reyuirea that the Cfty of Kenai give assurance of oompliance with their requirements in the event ihat we do allow industrial wastes to be so discharged in the future. NOW, THEREFORE. BE IT RESOLVED BY THE COUNCIL OP TFiE CITY OF KENAI, 4I.ASKA that: 3ection 1: The City of Ken~.i does not now allow any industrial wastes to be discharged into its wastpwater aystem, and Section 2: At such time that industrial wastes ~ as defined under 3ection 35.905 of the C~nstruction Grant Regulations 40 CFR. Part 35, are to be discharged to the facilities constructed under EPA Grant No. C-020077-03, the City of Kenai. Alaska shall develop and adopt an industrial cost recovery sqetem consietent with the requirements of EPA's construction grant regulations. This cost recovery system shall comply with tt~e rPquirements of P.L. 52-500 and all regulations and guidelines perteining thereto as they prdvide at time of Step 3 grsnt offer acceptance or at the time of adoption of this resolution, if Iater. In the event that EPA requirements in the future are relaxed or otherwise changed . the City of Kenai map instead comply with such lesser requirements, if applicable. If EPA adopts new industrial cost recovery regulations that impose additional requirements upon e munfcipality after 3tep 3 award, or adoption of thie resolution if later, it is understood that such new requirements will not be applied retroactively unless failure to ac~ apply auch regulations would be in conflict with Federal law as it exists at t~at time. ~~ ~ ' , ,•. ~.. RESOLUTIQN NQ. 80-64 Page 2 PAaSrED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of April, 1980. ~~~~z~~u~~ VINCENT 0'REIY,LY, YOR ATTEST: ~ / .~i'/ net Whelan, C~.ty Clerk i i ~ ~ ~ 1 ! 9 I i i .~.:. ...., _ .~~.~..~.~,m,~.~~.. _~~_._.._~_.4l„~.~:~-.~-- -__~..,..,._~___~--_=~~- -T,s.--.- ~~---.,.~:u~ . . .-. ,., ,~ _ . . . ~ , U.S. ENVIROhMENTAI PROTECTION AGEN~Y ~~SEO S>,~rF ALASKA ~PERATtONS OFFiCE 2n; ~ s„v Room E535, Federal Bvildiny ~ $ ~~~ W 701 C Street ^ y~ ~ ~ Anchorage, Alaska 99501 F '~ ~ yT~~ °~`~°~ March 26, 7 980 acvtr to AiTN OF: Mr. Charies A. Bro~n Acting City Managec° City of Kenai P. Q. Box 580 Kenai, Alaska 9°6I1 Re: Kenai Sewer Use Ordinance an~i User Charge System, C-020077-03 , _ Dear Mr. Brown: This will ac~nowledge receipt of your letters da;;ed March 4 and N~arch 10, 1980 which transmitted the following documents. 1. Preliminary User Charge Anaiyses 2. Ordinance No. 409-78 3. Title 17, Public Utilities and Enterp~ises. These documents consi.iiute the Sewer User Ordinance and User Charge System for the City of Kenai. - The Kenai Sewer Use Ordinance and the User Charge System have been re- viewed and are hereby approved. Please nate that in accordance with 40 CFR 35.929-3, implementatian of the approved User Charge System is a condition of the grant. A~ you indicated in your March 4 communication, the system will be updated beginning July 1, 1980. During the revision process you m~ay wish to consider the following comments. A. 17.10.040 Service Outsfde City3 Charge The flat rate shown here appears to be inconsistent with the proportionality requirement. B. 17.30.030 The words "Federal Department of Environmental Protection" should be replaced with "U. S. Environmental Protection Agency". ~ r - ~ ~. - ~. ~ _ i , ' ~ ` . •. . ,r . -2- During the revision proccss it may be convenient to incorporate the Industrial Cost Recovery requirements into Title 17. A sep- arate resolution would also f~e acceptable. I am enclosing a copy of a let*er dated January 31, 1980 wi~ich outlfnes the ICR require- ments. Piease note that no grant payments can be made after June 30, 1980 until the grantee's ICR system is approved. For those cities with no industrial wastes the enclased Model ICR P.esolutfon can be used to simpl~fy the procedure. We appreciate this apportunity to be of service. Sincerely yours, -~; 7 ~~~ ~/~i.:/1 L~' i ~ ~3i~ ul"USt Construct~on Grants Coordfnator ~nclosure ~c: Loren Leman, CH2M-Hill , x ~ 1 _ _ ., . ' ~„ • ~-- ' . • U.S. ENV ~'~NMENTAL ?ROTECI(ON ~ GENCY . - ~„iEOS~~,~ REGiON X ^. ~ ~V 1200 SIXTH AVENUE ~ ~ ~~ ~ SEATTtf, M';,SNtNGTON 98101 y ~ ~ ;~' ~ ,y'~ vao~E~• ~ n`: w M/S 429 Jaauar~~ 31. I980 T0: Municfpai Offfcials, Gonsultants, State Poltatfc!~ Controi Aqencies, and Others Associated Kitih the Er"i+ Construction Grants Program, The Congress has extended the moratoriun~ on collectjon of Ir.d;~triaT Cost Recover~ {ICR1 payments to June 30, 1980. ~ Under tbe mcratorium ~e collectfon aa ICR payments by EPA fs suspended, but the r~qufrement to deveiop a syste~ fs not. The class deviation issued ta fmpiesrrent ths moratortum contains the followinq ICR requirements: 1. Current 6rants and 6rants Before June 30. 1980 a. Ali step 3 grantees ar~ to obtain approvat ~f their ICR system by June 3Q, 1480. Approvable ICR systems sbouid be submitted for revisW prior '~ tdarch 15, 1980. b. Aft~r June 30, T980, the EPA cannot arake step 3 grant payar~ats untf 1"-= Ltie grarttee's ICR system is apprnved. ~ -.: _ c. for qracits awarded between Aprfi 24, i978, and June 30, 1980, the system need not fnclude adopted ordinances and rates. ~ d. Contfnuinq coilection of ICR pay~rtents fram fndustries by qraetees is stitl opt:onal. 2. Gr~~~Ys After Jun~ 30, 1980 No step 3 grant wi11 be made after 3une 30, 19~0, unless the qrantee`s ICR syst~m is approve~. If you have questtans, pTease caT1 your state or EPA pro,~ect officer. or Mr. Diclc Hetheringtan of my stafg, 206/442-1266. Sincerely, , `- ~ ~~. ~.. ~- «. 4......,...,~. ~ Roy,L~. E1lerman, P.E. Chtef, Wasteyrater Operations Sranch . ..a~~ • , ~ ~• ~ .~ i ~ ~ ~. .. , •~- - . . , _ - -- - --~ ,__.-_~w_._....,..~_~~___~,, _ - - . _ _ ~ . _ _ . _ _ - -- --------- - --- -- -_~:~._...~..~. ~-----~----~.~~ _. r_„ ~-.~•~rr+~i S • •. • ~' .~ ,. . . ~ MODEL ICR RESOLUTIOY IM0IISTRIAL COST RECOVcRY RESOLUTION Be ~t resolved by rhe (City, Yillage, etc.) that at such time that industrfal wastes, as defin~d u»der Section 35.905 af tfte Constructian Graat Regulations 40 CFR Part 35, are to be discharged to the fa~~~fitfes constructed und~r EPA ~rant No. (insert no.) , the (insert name of municfpalitv) shali develop and adopt an indus'trfal cost recavery system consistent w~th t.~~ require~nents of EPA's construction grant•reguiations. Tbis cost recnvery systea- shali comply wfth the requfrements of P.L. 92-Sfl0 and all regslatfons ann guideltnes pertaining thereto as they provide at tiace of Step 3 grant offer acceptance or at tt~e tiuie of adoption of this resatutfan, if later. •In the event that EPA requirements fn the future are relaxed or otherwise chanq~d, the ~ (City, Yiilage, etc.) may instead comply with sush lesser_ " requie~eaients, ff applicabie. If EPA adopts new industrial cost recovery requtations tbat ia~~s~ add~tional requirements upon a municipaiity after Step 3 award, or adaption of tltis ~esoiution if later, it is understaod , that such new require~nents will nr~t be a~plied retroactively uniess failure to sa apply such r~eguia~ions would be i~ conflict with ~edera] 1aw as it exists at that time. ~ - . ~ •." ~ • :.~. . • ~;~: • . . ~ t - -----_- -• - . v~~rr~o~w~ .•. ,~. ~ ~ ~urs uuwo~% cor~irt~ ~ '. ; <~ :i ~ --' ~, - - -• ~ - - - - - ., ~ ~• DEWI`.OI~' E~~7RU1~if:~TAI.CO~yFR~~~T1U1 ~ ~ /OUCNO - JU~iIUl~fl t~larch 17, 1980 , Mr. Chazles Brown Actinq City Manager City of K,enai P.O. Box 580 Kenai~ Alaska 99611 Dear !ir. Brown: I have reviewed tha information sut~mitted regardinq the City's user charqe system. This material consists of a copy of the present ordinance which estabiishes user rates and a draft copy of the "Kenai Seweraqe System Prelimir,ary User Charga Analysis" prepared by the City's consultant, CH2FS Hill. The City ordinance estab2ishinq the present rates has already been approved by EPA durinq initial construction of the STP and, as I understand it, should not be in questfon. In fact, the system seems very reasonablej however, I raouid appreciate it if you would furnish our office with any information, especially ca2culations, reqardinq the basis used in establishinq these rates. The draft user charqe analysfs primarily addresses the issue of qenerating reveriuc ~co cover the capital and 0& M costs of STP expansion. My only comment is that the financial analysis is very well done, however, there fs no plan of aation. Considering this point, I feel the City understarids the problem and I am confident they ;an adequately handle the sf~uation. Consequen~tl,y, I feel this marerial should comply with EPA guida2fnes; hn~ever, I reconaaend that a special grant condition be given that the draft user charge analysis be finished and should address some form of a pla.z of action. I should remind you at this tirae, that EPA requires the ~/ public to be informed of thP ffnancial impact of the system and to be ~ consulted prior to its adoption. Also, by copy of this letter to EPA, I q„4~ f~ request that if they wfsh to comment on the proportional distribution r aspect of the existinq user charge ordinance that they do so and Qmbody p~~ ~~ thoae ^,omments in the special grant condition. y~~b~~? f Afe..~~ ~.. ..ww.i............~.~~...~ ! - r . w.~ --'. --..-«~..~e-~,rmm. c~ ev---~-- ~Jcr.a~c~are.:crcrr c~a-- • • • I\ -- , • Mr. Charles Brown -2- If you have any questions, pl.ease call me at 465-2691. Sf cerely, (N~- l~~'-~ f9arch 1~, 1~80 Canstructfon cc: Stan Brust Loren Leman