Sewer Use Ordinances - Changes in the wastewater System

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1 Oneida County Permit Compliance and Sewer Abatement Project Steering Committee Meeting Report June 26, :30 p.m. Mohawk Valley Community College Municipality Representative Attendance The Village of Clayville Chief Elected Official Nancy Sheppard Community Delegate Mike Steiger The Town of Deerfield Chief Elected Official Scott Mahardy Peggy Boshart In process of Community Delegate soliciting a delegate Town of Frankfort Chief Elected Official Joseph Kinney Community Delegate Village of Holland Patent Chief Elected Official Michael Bennison David Wilcox Community Delegate Peter Gaige The Town of Marcy Chief Elected Official Brian Scala Keith Schuderer Community Delegate Carson Sorrell The Town of New Hartford Chief Elected Official Earle Reed Roger Cleveland Community Delegate Scot Owens Alternate Christine Krupa The Village of New Hartford Chief Elected Official Donald J. Ryan Don Bathke John Grygiel Community Delegate Terence Coughlin The Village of New York Mills Chief Elected Official Robert Maciol Joseph Urban Community Delegate Michael Bailey The Village of Oriskany Chief Elected Official Don Rothdiener Mick O'Connnor

2 Community Delegate Chris Burtch The Town of Paris Chief Elected Official Felix Cardillo Community Delegate Mike Steiger Town of Schuyler Chief Elected Official Kenneth Dodge Community Delegate The City of Utica Chief Elected Official David Roefero Deb Day Mike Mahoney The Village of Whitesboro Chief Elected Official Richard Pugh Charles Tritten Community Delegate Joe Lazenby The Town of Whitestown Chief Elected Official Charles R. Gibbs II The Village of Yorkville Sal Granato Community Delegate Bill Schmitt Chief Elected Official Bruno Petruccione Anthony Leone, Jr. Community Delegate Ken Schaaf Oneida County Community Delegate Bruce Brodsky Community Delegate Harvey Yando Oneida County Commissioner - Water Quality and Water Pollution Control Steve Devan Shumaker Consulting Engineering & Land Surveying PC Karl Schrantz Nancy Pattarini Richard Barrett Guests in Attendance: Joanna Albrecht Barbara Weaver Mary Anthony

Whitestown Chief Elected Official Charles R. Gibbs II The Village of Yorkville Sal Granato Community Delegate Bill Schmitt Chief Elected Official Bruno Petruccione Anthony Leone, Jr.

3 OCSD Sewer Abatement and Permit Compliance Project Steering Committee Meeting Report June 26, 2008 Mohawk Valley Community College Meeting Summary Key areas of discussion for the Steering Committee s seventh meeting included: orientation and instructions for using a newly-created web-based tool to facilitate work group discussions update on project activity, including manhole inspections and flow metering program update on proposed amendments to sewer use ordinances work group goals Project Update DEC Planning Documents Sewer District Commissioner Steve Devan reported that all of the required planning documents stipulated in the Consent Order have been submitted to DEC and have received approval. The Rayhill Trailhead parking lot, which was selected as an EBP to fulfill part of the Consent Order penalty, has now been completed and will be officially dedicated in mid-july. Sewer Use Ordinances Proposed sewer use ordinance modifications that reflect changes brought about by the Consent Order have been proposed and are working their way through the legislative process, with a target date of August 14 for final approval. The only remaining tasks at this point are the system study and a final report, which will require several years to complete. Manhole Inspections The project s consulting engineer reported that project fieldwork continues, involving manhole inspections of the county s interceptor sewers and village and town manholes that are major trunk sewers leaking into the interceptors. The manhole inspection program will continue for the next several months.

metering program update on proposed amendments to sewer use ordinances work group goals Project Update DEC Planning Documents Sewer District Commissioner Steve Devan reported that all of the required

4 The manhole inspections are producing information that may help determine the amount of flow credits that might be available for undertaking a specific project in a specific location, based on the conditions and the amount of flow that was observed in a particular manhole. Flow Metering System-wide flow metering that began in February will continue through August. At that point, engineers are expecting to have sufficient reliable data that will allow them to move further into the system and pinpoint specific areas that need attention. The project engineer reported that the data obtained so far has exceeded expectations and that the timing of the flow meter installation was ideal in terms of capturing a variety of weather events and their resulting impacts on the system. Obtaining what would typically be six months worth of data in just a few months, they now have a good snapshot of what is occurring in the system. Some additional flow metering in specific locations will be conducted next spring for purposes of a baseline comparison from one year to the next. Flow metering data that is currently in raw form will be evaluated and then organized so that it can be presented both to the Steering Committee as a whole as well as to individual municipalities so they can determine the extent of the problem in their communities. The consulting group indicated it would prepare a power point presentation for the committee as a whole and then pull out the specific information pertaining to each municipality and include a one page summary that explains what the information means. Municipalities would receive their information prior to the full presentation to the entire committee. Flow Credits In response to a committee member s question about flow credits being available, the Commissioner replied that only the Village of New Hartford currently has flow credits in its bank. The village sealed two manholes and repaired leaky pipes on one of the manholes it sealed, which generated enough credits to allow a building project to proceed under the terms of the I/I Offset Plan. The plan, approved by DEC, allows development to continue under certain conditions, specifically the removal of five gallons of excess flow for every one gallon of new flow that is put into the system. Commissioner Devan reiterated that if any municipality or planning board has questions about flow credits or current procedures related to building and development issues under the Consent Order, a representative should call him directly for guidance and direction. With regard to municipalities beginning to earn and bank flow credits by undertaking I/I removal projects, the question of whether or not a project inventory exists was raised. Commissioner Devan responded by saying that there were projects identified in a 1982 sewer study that are pre-approved by the DEC and could be undertaken in order to earn credits. He recommended that municipalities begin going out and opening manhole covers to identify even minor repairs that will begin to generate flow credits.

At that point, engineers are expecting to have sufficient reliable data that will allow them to move further into the system and pinpoint specific areas that need attention.

5 New Business Work Groups The meeting facilitator explained that the overall goal for the work groups is to address specific aspects of the private I/I issue and develop proposals that the Steering Committee can submit to the County. The proposals will outline how the issue should be approached from a legal, financial, technical and public information standpoint. Members were encouraged to meet in small groups in between monthly meetings or utilize a speciallycreated web blackboard to exchange ideas and information, in order to begin tackling this delicate issue. The Steering Committee membership has been divided into four work groups for the purpose of studying key aspects of the private I/I issue: legal, finance, technical and public information. The work groups will make recommendations and proposals for the project consulting team s consideration as it develops approaches to addressing this important issue. Meeting attendees received an orientation and instructions for using a newly-created web-based tool that will serve as an online meeting and information sharing forum for the committee in between monthly meetings. Sewer Use Ordinance Amendments Oneida County attorney Ginny Robbins provided an update on the proposed amendments to the County Sewer Use Ordinance, which the DEC and EPA requested in order to reflect newly imposed requirements outlined in the Consent Order. Ms. Robbins reported that the Public Works and Ways and Means committees recently signed off on the amendments, which essentially clarify or strengthen the language related to the County s authority to take necessary actions for ensuring proper compliance with the order. Commissioner Devan commented that the amendments were very few and very minor and didn t significantly change the original scope of the ordinance. They simply made the language slightly stronger and more explicit, which satisfied the DEC and EPA s requests for changes. The Steering Committee was given the specific sections where amendments are indicated so that they can share these with their municipalities and town attorneys. They will receive a full, updated version of the amended ordinance once it has been formally approved by the County Board of Legislators. A short public comment period will be required before the amended ordinance is signed into law by the County Executive. A question followed relating to individual municipalities having to update their own sewer ordinances to reflect amendments to the County s ordinance. Ms. Robbins explained that county attorneys are examining each ordinance to determine any variations that may exist. In order to ensure legal consistency, their belief is that there should be a statement in each of the town ordinances that expressly adopts the county s amended law

Members were encouraged to meet in small groups in between monthly meetings or utilize a speciallycreated web blackboard to exchange ideas and information, in order to begin tackling this delicate

6 and indicates that local laws are superceded by the county s. This could be accomplished by including an addendum to local ordinances. However, it was suggested that, because of the variability among existing ordinances, municipal attorneys and board representatives should meet to discuss this issue further. The county attorneys would be willing to work in consultation with each community. Next meeting: 5:30 PM on Thursday, July 31, 2008 at New York Mills Senior Center.

However, it was suggested that, because of the variability among existing ordinances, municipal attorneys and board

UPPER MOHAWK VALLEY REGIONAL WATER BOARD SERVICE AREA. City of Utica

UPPER MOHAWK VALLEY REGIONAL WATER BOARD The following Rules and Regulations and the fees rates and charges incorporated herein are to be considered as a part of the contract between the Upper Mohawk Valley