SUBJECT:
Title
A Resolution of the Town Council of the Town of Erie Approving a Third-Party Supplemental Environmental Project (SEP) Agreement Proposal with Colorado Department of Public Health and Environment (CDPHE)
Body
DEPARTMENT: Utilities
Department
PRESENTER(S): Todd Fessenden, Utilities Director
Eryka Thorley, Sustainability Manager
First Name Last Name, Title
FISCAL SUMMARY:
Cost as Recommended: $85,000
Balance Available: $85,000
Budget Line Item Number: 500-75-110-560140-000000 $42,500
510-75-110-560000-000000 $42,500
New Appropriation Required: No
POLICY ISSUES:
The key policy issue to address is the Council’s stated goal of fiscal responsibility, entering into this SEP agreement ensures a fine which otherwise would be put to use by CDPHE as it sees fit, will instead be used to further the Council’s other stated goal of environmental stewardship in and around Erie.
STAFF RECOMMENDATION:
Recommendation
Approve Resolution 24-113, approving the third-party SEP agreement with EcoCycle and the CDPHE in the amount of $85,000 for EcoCycle programming in Erie schools and nearby Boulder Valley School District schools.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
In September of 2020, the Town of Erie received a notice of violation/cease and desist order (NOV) from CDPHE for issues related to the NWRF discharge permit. This came after years of Erie asking CDPHE to revisit the calculation for dissolved copper in its discharge permit, which CDPHE refused to do. While there were other infrequent deviations from permit limits and reporting, dissolved copper was the primary driver for the NOV. Prior to and after the receipt of the NOV staff had been working with consultants to adjust water chemistry on the drinking water side (dissolved copper comes primarily from residential plumbing) and has been in compliance with our extremely low dissolved copper limit of 5.9 parts per billion (ppb). For comparison, one part per billion is equal to one drop of water in an Olympic-sized swimming pool, the width of a hair in 68 miles and 1 second in 32 years. The limit in drinking water for copper is 1,300 ppb. Copper discharge limits to receiving waters are lower as metals build up in fish tissue and accumulate and are toxic at lower levels, this is an environmental/aquatic limit. The dissolved copper limits in the NWRF discharge have been under our permit limit for some time now, and we have negotiated a relatively low fine with CDPHE, as they took into account our extensive efforts to remedy this situation, roughly 1/3 of a typical fine.
Town staff, particularly Eryka Thorley, our Sustainability Manager, has worked diligently to find a unique SEP solution that supports the local community including waste diversion efforts and youth education. Erie, EcoCycle and CDPHE’s agreed upon solution proposal is to support EcoCycle environmental programming for students in Erie and nearby through onboarding into the Green Star Schools program and distributing Zero Waste Event kits. The Green Star Schools program introduces compost collection to participating schools, amplifies recycling collection efforts, and includes environmental education activities and programming for students, faculty and occasionally parents. Diverting compost materials from landfills reduces the overall volume of waste but more importantly, the amount of methane produced by compost, which is the single largest contributor of methane production in landfills. Methane is a significant contributor to climate change with a global warming potential of greater than 85 times that of carbon dioxide over 20 years. The SEP proposal includes onboarding six schools into the Green Star Schools program through a tiered approach.
In Erie, there is one non-Green Star School in BVSD schools and six non-GSS schools in SVVSD. SVVSD schools are not represented in the GSS suggested tiers. As a result of significant custodial understaffing, SVVSD Erie schools are not able to engage in the GSS Program during the SEP. The remaining eligible schools are prioritized based on their proximity to the Front Range Landfill and the Town of Erie.
The proposed 20 Zero Waste kits support waste reduction through replacing single use disposable food serviceware with bundled reusable products. These kits will be offered to all Erie schools on a first come, first served, basis. These kits will reduce the need for disposable items at special classroom events and will share with students the value of reusable products while diverting waste from the Front Range Landfill.
This is the first of two Council approvals that will be needed for this SEP agreement. If approved by Council, the SEP proposal will be publicly noticed by CDPHE before the final agreement will be signed and payment completed. At that time the Town will need to enter into a “Compliance on Consent” Order with CDPHE as the last step. Staff will bring this to a future Council meeting for consideration.
COUNCIL PRIORITY(S) ADDRESSED:
ü Environmentally Sustainable
ü Fiscally Responsible
ATTACHMENT(S):
1. Resolution 24-113
2. Town of Erie Third Party Supplemental Environmental Project (SEP) Proposal/Agreement
3. SEP Agreement Proposal.pptx