SUBJECT:
Title
A Resolution of the Town Council of the Town of Erie Approving a Compliance Order with Colorado Department of Public Health and Environment, Water Quality Control Division
Body
DEPARTMENT: Utilities Department
Department
PRESENTER(S): Todd Fessenden, Utilities Director
Eryka, Thorley, Sustainability Manager
First Name Last Name, Title
POLICY ISSUES:
The key policy issue is fiscal responsibility. Entering into the Compliance Order on Consent ensures that any penalties from the Notice of Violation issued by the CDPHE will be addressed through the Supplemental Environmental Project Agreement approved by the Council on Aug. 13.
STAFF RECOMMENDATION:
Recommendation
Approve the Resolution
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 had 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. Thus, 5.9 ppb is an environmental/aquatic limit. The dissolved copper limits in the NWRF discharge have been under the permit limit for s...
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