Consideration and Approval of Agreement:  Consent Order - Arizona Department of Environmental Quality in the Matter of Wildcat Hill Wastewater Treatment Plant and Rio de Flag Water Reclamation Facility; and discussion of associated conservation efforts.*

Approve and sign the Consent Order between the City of Flagstaff and the Arizona Department of Environmental Quality 

Wildcat Hill Wastewater Treatment Plant (Wildcat Hill) has experienced several problems in meeting portions of its regulatory permits since its upgrade was completed in January 2010.  This Consent Order is in response to a Notice of Violation from the Arizona Departmental of Environmental Quality submitted to the City regarding Wildcat Hill.  Since February 2013, City staff and the Arizona Department of Environmental Quality have been working together on negotiating this administrative Consent Order. 

While there is no financial impact within the Consent Order, the Arizona Department of Environmental Quality is reserving its right to pursue civil penalties should it elect to do so.

At the February 26, 2013 City Council meeting staff brought forward a $1.2 million solids handling solution for Wildcat Hill Wastewater Treatment Plant.  This is the first step in moving the facility closer to consistently make Class A+ quality reclaimed water.

  1. Repair Replace maintain infrastructure (streets & utilities)
 

None

City Council could elect not to enter into this administrative Consent Order.  Should the City elect not to, the Arizona Department of Environmental Quality has stated it will pursue civil action including penalties via a Compliance Order in accordance with A.R.S. 49-261 & 49-262.

The City decided to upgrade Wildcat Hill Wastewater Treatment Plant (Wildcat Hill) in 2003 to increase the quality of reclaimed water from Class B to Class A+. In 2006, the City conducted a Value Engineering study in order to reduce the cost of the final plant design. This study eliminated ~$8.2 million worth of treatment process upgrades. Since the reconstruction of Wildcat Hill was certified by the design engineer to be completed in January 2010, the facility has experienced several problems in meeting portions of its regulatory permits. City staff have been working on solutions to Wildcat Hill's treatment and design problems since April 2010 with little success. The Arizona Department of Environmental Quality issued a Notice of Violation to the City on April 11, 2012 concerning exceedances of cyanide and selenium in violation of the City's Arizona Pollution Discharge Elimination System permit. Additionally, Wildcat Hill has not consistently treated reclaimed water to Class A+ quality in violation of the City's Type 3 Agent Reclaimed Water General Permit and Aquifer Protection Permit. On January 23, 2013, ADEQ inspected the Rio de Flag Water Reclamation Facility (Rio WRF) and determined on select days in 2011 and 2012, that facility did not accurately report exceedances in the 5-day rolling geometric mean for nitrogen and daily average turbidity in violation of its Aquifer Protection Permit.

On February 26, 2013 Utilities brought to City Council for their approval a $1.2 million Solids Handling Solution for the Wildcat Hill Wastewater Treatment Plant. Increased solids handling capability was one project eliminated in the Value Engineering study. The project approved by Council is the first step in allowing Wildcat Hill to consistently treat to Class A+ reclaimed water. After the implementation of this project and completion of a Process Optimization Study, there may be other projects required to ensure that Wildcat Hill maintains regulatory compliance with all of its permits.

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