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Consent-Community Services   # 12.
Board of Supervisors
County Service Areas
Meeting Date:
12/03/2024
Brief Title
Regulatory Compliance for Wild Wings Wastewater Treatment Plant
From:
Dirk Brazil, Interim County Administrator
Staff Contact:
Yana Pavlova, County Service Areas Manager, County Administrator's Office, x8157
Supervisorial District Impact:
District 3

Subject

Adopt Pathway B for compliance with the Central Valley Regional Water Quality Control Board's Nitrate Control Program; and delegate authority to the County Services Area Manager to sign a Contribution Agreement with Valley Water Collaborative to implement the Pathway B compliance approach. (No general fund impact) (Brazil/Pavlova)

Recommended Action

  1. Adopt Pathway B for compliance with the Central Valley Regional Water Quality Control Board's Nitrate Control Program; and
     
  2. Delegate authority to the County Services Area (CSA) Manager to sign a Contribution Agreement with Valley Water Collaborative to implement the Pathway B compliance approach. 

Strategic Plan Goal(s)

Thriving Residents

Reason for Recommended Action/Background

In May 2018, the Central Valley Regional Water Quality Control Board (the "Water Board") approved new regulatory compliance programs for salts and nitrates.  As part of this initiave, the Nitrate Control Program was developed with the intent to address nitrate pollution in the Central Valley and mitigate health risks involved in consumption of drinking water exceeding the maximum contaminant level (MCL) of 10 parts per million for nitrates.  The Water Board identified Priority 1 and Priority 2 subbasins where nitrates are more prevalent and pose higher risks, with a separate compliance timeline attached to each priority level.  The Water Board identified Yolo County as a Priority 2 subbasin, and the timeline for compliance for Yolo County can be summarized as: 
  • December 2023: The Water Board sent Notices to Comply to nitrate permittees.  Permittees have a limited time to select one of two pathways for compliance.
  • February 2025: Permittees submit their Notice of Intent and begin implementation of an Early Action Plan to provide safe drinking water to affected residents.
  • 2026: Permittees develop a nitrate management plan. 
The Wild Wings Wastewater Treatment Plant (the "Wild Wings WWTP") holds a discharge permit for nitrates and thus falls within the purview of the Water Board's Priority 2 subbasin compliance requirements.  On December 29, 2023, the Water Board mailed a Notice to Comply to the Wild Wings WWTP (the "Notice," Attachment A).  The Notice requires the Wild Wings WWTP to choose one of two compliance pathways: 
  • Pathway A: An individual compliance pathway, whereby the Water Board would set more stringent nitrate requirements in the Wild Wings WWTP's discharge permit.  The Water Board expects that Pathway A would require significant upgrades, extensive monitoring, and a rigorous technical justification that wastewater will not exceed the nitrates MCL over a 20-year timeframe.  The costs associated with Pathway A are anticipated to be steep, and this approach is not recommended. 
  • Pathway B: A permitting approach allowing multiple entities to form or join a Management Zone, so that permittees can collaborate in reaching program compliance.  Pathway B is a cost-effective option estimated to cost approximately $4000 to the Wild Wings Wastewater Fund, and County staff recommends the Board of Supervisors adopt this pathway for compliance for the Wild Wings WWTP. 
Other municipal entities in Yolo County, such as Bayer, Davis, Esparto, Madison, and Winters, have selected Pathway B and joined the Priority 2 Management Zone for Yolo County.  The Management Zone has hired Valley Water Collaborative (VWC) to prepare the Preliminary Management Zone Proposal and Early Action Plan that are due December 28, 2024 for Management Zone participants.  VWC is a non-profit organization that was previously retained by Priority 1 subbasins to write similar reports.  For example, the Management Zone reports VWC previously prepared for the Modesto and Turlock subbasins may be found here: https://www.cvsalinity.org/resources/management-zone-development/

VWC has already begun preparing the reports required by the Water Board for the municipal entities that have selected Pathway B.  The report is estimated to cost $205,000 in total for all Management Zone participants.  Management Zone participants are further sub-divided into different sectors such as municipal, agricultural, and food/wine/other.  The municipality sector anticipates to cover approximately 20% of the overall $205,000 cost, with other sectors covering the remainder.  In paying for its 20% share, municipalities would cost allocate using a flow-tier-fee-based model and consider the total volume discharged on an annual basis in million gallons.  Fees would be then assigned commensurate with each entity's discharge.  The proposed flow-tier model is as follows: 
 
Tier Range of annual discharge in MG/Year Fee
I <1 to 50 $4,000
II 51 to 100 $8,000
III 101 to 200 $11,000
IV 201 to 300 $14,000

In calendar year 2023, the Wild Wings WWTP discharged 20,315,200 gallons, or 20.3152 million gallons, in tertiary effluent.  Under the flow-based model, Wild Wings WWTP would fall in Tier I with an estimated contribution of $4,000. 
                                                                                                               
The CSA Manager will continue to negotiate with VWC and the Management Zone Advisory Committee to advocate that the fiscal impact to the Wild Wings community remains as low as possible.  County staff will not agree to contribute an amount higher than $4,000, and would return to the Board of Supervisors in the event contributing a higher amount becomes necessary.  As the Pathway B compliance option is the most cost-effective for the Wild Wings WWTP, County staff recommend that the Board of Supervisors adopt the Pathway B compliance approach and delegate authority to the CSA Manager to enter into a contribution agreement with VWC to implement this approach.  The contribution agreement is in Attachment B and has been reviewed by County Counsel.

Collaborations (including Board advisory groups and external partner agencies)

The Wild Wings CSA Advisory Committee is aware of the Water Board's Nitrate Control Program and that County staff recommend Pathway B as a compliance approach.  County Counsel has reviewed VWC's contribution agreement (Attachment B).

Competitive Bid Process/Vendor Performance

N/A

Fiscal Impact

Fiscal impact (see budgetary detail below)

Fiscal Impact (Expenditure)

Total cost of recommended action:
$    4,000
Amount budgeted for expenditure:
$    4,000
Additional expenditure authority needed:
$    0
One-time commitment:
Yes

Source of Funds for this Expenditure

General Fund
$0
Wild Wings Wastewater
$4,000

Further explanation as needed:

There is no impact to the General Fund as a result of this action. The Wild Wings Wastewater Fund will cover the costs of compliance with the Water Board's Nitrate Compliance Program. The estimated cost of compliance for the first year (fiscal year 2024-25) is $4,000. While future costs are unknown at this time, it is anticipated that compliance will be ongoing until the Water Board discontinues the Nitrates Control Program, which may be never. County staff will return to the Board of Supervisors if/as needed.

Attachments

Form Review

Inbox Reviewed By Date
Kimberly Hood Kimberly Hood 11/18/2024 02:05 PM
Mark Bryan Mark Bryan 11/18/2024 02:15 PM
Financial Services mrobertson 11/18/2024 04:47 PM
County Counsel Hope Welton 11/18/2024 04:48 PM
Cindy Perez Cindy Perez 11/19/2024 01:48 PM
Form Started By:
ypavlova
Started On:
11/05/2024 01:54 PM
Final Approval Date:
11/19/2024