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RESOLUTION NO. 98-l5 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, REQUESTING THAT THE CITY'S DRAFT NPDES PERMIT BE AMENDED TO ALLOW THE CITY TO PHASE TREATMENT OPTIONS FOR THE EFFLUENT FROM THE CITY'S WASTEWATER TREATMENT PLANT AND STATING THE CITY'S CONCERNS REGARDING THE DRAFT NPDES PERMIT AS SUBMITTED BY THE ENVIRONMENTAL PROTECTION AGENCY. WHEREAS, the Environmental Protection Agency (EPA) has issued a draft National Pollutant Discharge Elimination System (NPDES) permit regulating the City's effluent from its Wastewater Treatment Plant discharging into Paradise Creek; and WHEREAS, the City of Moscow Wastewater Treatment Plant discharges treated effluent into Paradise Creek; and WHEREAS, the Idaho Department of Environmental Quality has proposed a Total Maximum Daily Load (TMDL) limit for the City of Moscow Wastewater Treatment Plant effluent which was utilized by the EPA in proposing the NPDES permit; and WHEREAS, the TMDL sets the effluent limits for total phosphorus, dissolved oxygen, and temperature, among other levels; and WHEREAS, the City is proposing a treatment plant design which will eliminate 80 percent of total phosphorus from the City's effluent; and WHEREAS, during the summer months the City's effluent comprises most of the flow of Paradise Creek; and WHEREAS, if the proposed NPDES limits are imposed it will cause an economic hardship upon City residents and may force the City to remove its effluent from Paradise Creek, thereby effectively stopping creek flows in summer months; and WHEREAS, the marginal reduction of effluent temperature and total phosphorus levels and the marginal increase in dissolved oxygen may not be necessary to prevent adverse impacts to the designated beneficial uses of Paradise Creek; and WHEREAS, the City desires the opportunity to try alternative methods of compliance and the opportunity to demonstrate that such alternatives will prevent adverse impacts to the beneficial uses of Paradise Creek; and WHEREAS, the TMDL and the draft permit have misinterpreted Washington's temperature standards; and WHEREAS, the City of Moscow has deemed it to be in the public's interest to object to the proposed NPDES limits for total phosphorus, dissolved oxygen and temperature. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MOSCOW AS FOLLOWS: 1. The City of Moscow objects to the NPDES limits proposed for the City of Moscow Wastewater Treatment Plant effluent relating to total phosphorus, dissolved oxygen, and temperature. 2. The City of Moscow believes the EPA's concern for phosphorus in the City of Moscow Wastewater Treatment Plant effluent should be addressed by utilizing a phased approach to implementation including extending the period of time for compliance, as supported by the Idaho Division of Environmental Quality (DEQ) rather than the EPA's proposed set target of 98 percent removal. Phasing considerations should include planting to shade Paradise Creek to exclude sunlight, use of wetlands, monitoring to evaluate the effects of actions taken, and land application of effluent. 3. The City of Moscow believes the proposed temperature limits should be measured at the Idaho/Washington state border rather than imposed on the effluent at the City of Moscow Wastewater Treatment Plant. This would allow consideration for the use of natural cooling and temperature mitigation methods and techniques, including the planting of shade trees and shrubs to shade Paradise Creek before it reaches the state border rather than constructing costly cooling devices at Wastewater Treatment Plant. In addition, the City of Moscow believes that EPA has misinterpreted the Washington State water quality standard for temperature and should review that interpretation before issuance of the final permit. 4. The City of Moscow proposes that allowing the City to implement a phased approach will meet the beneficial uses of Paradise Creek, which is viable for both the environment and the area's economy. Passed by the City Council and APPROVED by the Mayor this ,c/5' 1998. ATTEST: GilbefiF!tlAYefS: City Clerk;'\ . • • • • • ;t * Jjil : ,oNWn • I : § C:Legai\Resolution98-15.txt-cb f k- day of November,