Senate Water Bill Contains New Language on: Water- Inside the Issue: Senate Bill 2848 Water Resources Sewer-Ports-Harbors- Development Act (WRDA-2016) passes Environment and Public Dams & Levees Works Committee, waiting for S. 2848 floor time, Integrated Planning provisions favorable to cities

The Senate Environment & Public involving ports and harbors, dams and Mayors Water Council meets in Works (EPW) Committee, on April levees and inland waterways. Hollywood, FL on April 14-15, 7, 2016, released a bipartisan 2016 The bill- S. 2848, the 2016 Water 2016, a digest of speaker themes is included Water Resources Development Act Resources Development Act, was (2016 WRDA). WRDA has been the the subject of a hearing on April 7; Jon Runge of the Ductile Iron traditional legislative vehicle to fund and Lima, OH Mayor David Berger Pipe Research Association dis- and give direction to the Army Corps testified on behalf of the US Confer- cusses resiliency and innovative of Engineers and inland waterway ence of Mayors in favor of the provi- pipeline solutions for cities projects. 2016 WRDA includes im- sions regarding Integrated Planning. A portant provisions involving the Safe subsequent Senate Committee (EPW) Mary Ostrowski from the Chlo- Drinking Water Act (SDWA) and the mark-up resulted in a 19-1 vote in fa- rine Chemistry Council gives Clean Water Act (CWA); in addition vor of the bill with a recommendation an update on EPA’s perchlorate to the traditional attention to projects to press for Senate floor time. rulemaking continued on next page Michael Deane from the National Association of Water Companies comments on “Truth from the Mayors Water Council Co-Chairs Tap”, a new information program designed to ensure that decision makers have straightforward facts, not spin, when deciding how best to provide reliable water services to their communities

EPA’s new rulemaking on Risk Management Program (RMP) will require cities to process nearly 12,000 emergency planning reviews, and submit to additional regulations for their water and Jill Techel, Mayor, Joy Cooper, Mayor, wastewater treatment plants City of Napa (CA) City of Hallandale Beach (FL) Continued from Previous Page... Senate Water Bill Contains New Language

Regarding the public water/sewer sec- • Authorization of funds (grants) to A copy of the mark-up version of tor some key provisions would: assist cities to pay for stormwater the bill adopted by the Senate EPW, • Codify Integrated Planning and management, combined sewer and a copy of Mayor Berger’s Senate require the EPA to initiate new overflows and sanitary sewer testimony can be accessed at: http:// Guidance to replace the 1997 overflows. usmayors.org/urbanwater/. Guidance that relies on Median • Authorization of funds to address Please note that at the time of this Household Income as the bench- lead service line replacements. writing the House has not yet com- mark of affordability • Authorization of funds to promote pleted a WRDA companion bill. It is • Promote Green Infrastructure as water reuse/recycling and desali- expected, however, that the House ver- part of stormwater control plans nation technology. sion is not likely to add non-traditional provisions like the Senate.

THE UNITED STATES CONFERENCE OF MAYORS

Mick Cornett Mayor of Oklahoma City President

Mitch Landrieu Mayor of New Orleans Vice President

Stephen K. Benjamin Mayor of Columbia, SC Second Vice President

Tom Cochran CEO and Executive Director

2 Newsletter for theTHE Mayors UNITED Water Council STATES of TheCONFERENCE United States Conference OF MAYORS of Mayors—Summer 2016 Mayors Tackle Problems of Too Little

By Rich Anderson ... and Too Much Water at Florida Meeting

The Mayors Water Council convened beating the target between June 2015 and flexibility in providing safe and in Hollywood, FL led by Co-Chairs and February 2016. The two supply adequate water. The location in Tampa Mayor Joy Cooper, City of Hallandale reservoirs were measured full after 4 Bay demonstrates the availability of Beach, FL, and Mayor Jill Techel, City years of drought. The city continues to raw water for current and future use. of Napa, CA. The two-day meeting, reach out with education programs but Northern Texas is experienc- April 14-15, 2016, covered several lo- may revisit the consumption restric- ing, simultaneously, drought mixed cal public water issues. Water supply, tions later in the year. Right now, how- with intense precipitation and deadly resiliency planning and affordability ever, the city is counting acre feet and flooding. The water pendulum phe- were the stand out topics. (Affordabil- strategically planning for the future. nomenon in the north-central Metro- ity is addressed in a separate article in Switching to the east coast plex region complicates planning, but US Mayor). showered with generous precipitation one sure solution is to increase reser- the water issues involve flooding, sea voir capacity to catch flood waters and Water Supply — the pace of rise, salt water intrusion, and growth in to then treat and use the catch. This is progress water consumption. Jeff Miller, Gen- important because the Metroplex re- Cities in different regions have dif- eral Manager of Tampa Bay Water’s gion is estimated to be double in popu- ferent water supply priorities. This is Desalination Facility, a Public Private lation in the next 50 years. Richard demonstrated by the advanced water Partnership (P3) between Tampa Bay Peasley, Board Director for Frisco on conservation programs in place in Water and American Water Services. the North Texas Municipal Water Dis- California still suffering from half a The plant can produce 25 million trict (District; a 13 city member joint decade of drought, low snow-pack and gallons a day (MGD) but is used as a government organization) commented high temperatures. Mayor Techel made supplemental supply at present. It will on efforts to develop a new reservoir a progress report on Napa conserva- begin providing 12-16 MGD this sum- in the Lower Bois D’Arc Creek area tion efforts. The city’s state mandated mer according to Miller. The ability to serve the growing population and to turn the plant on and off provides target is to reduce consumption by continued on next page 20%; and it has reduced 23% of use, Tampa Bay Water with both efficiency

Mayor Maher Maso, Frisco, TX; Mayor John Dickert, Racine (WI); Mayor Paula Hicks-Hudson, Toledo (OH); Mayor David Berger, Lima (OH); Mayor Pete Buttigieg, South Bend (IN); Mayor Jill Techel, Napa (CA); Mayor Daniel Horrigan, Akron (OH); Mayor Paula Zelenko, Burton (MI); Mayor Joy Cooper, Hallandale Beach (FL) Newsletter for the Mayors Water Council of The United States Conference of Mayors—Summer 2016 3 Continued from Previous Page... Florida Meeting commercial establishments. Peasley about the sheer size and complexity of cover all risk mitigation investments. stated that the 1956 population of resilience planning in the multi-county Dr. Jurado from the Broward 32,000 in the area is projected to grow area that is surrounded by fresh and County Department of the Environ- to 3.7 million in 2070. The new water sea water. ment gave a sobering review of the supply is critical infrastructure. The Kenel and Nightingale of multi-county compact established to District was granted a permit by the Black & Veatch reviewed how resil- identify and assess the impacts of ris- Army Corps of Engineers, but held up ience is defined by professional societ- ing sea level, salt water intrusion and by the Regional EPA office. Peasley ies. In the end they suggest the proper the growing extent of southern Florida discussed the challenges they encoun- “Focus is on ability to sustain func- flooding events. Dr. Jurado presented tered over the project implementation. tion and a defined level of service.” maps delineating the compact develop- He said these types of large land area One way to set priorities for needed ment in Broward County cities and the projects take up to 30 years to com- investment to make infrastructure surrounding waters: ocean, rivers, high plete. In this case, the District acquired resilient is to quantify or monetize the groundwater. When high precipitation 15,000 acres for the reservoir foot- consequence of failure multiplied by events occur Jurado said “…the water print, and a 12,000 acre separate miti- has nowhere to go, so we have extend- gation site. All of the permit reviews ed flooding that disrupts everything.” were completed, including mitigation Broward County has a land area of modeling, and unexpectedly the EPA 1,300 square miles and 1.8 million determined that additional mitigation people situated on the considerably modelling was necessary. Director smaller developable areas. Popula- Peasley remarked that the project de- tion is expected to exceed 2.5 mil- lays will cost the consumers served by lion by 2025. Jurado said “There are the District some $17 million a year. 1,800 miles of canals, porous geology, a shallow Biscayne aquifer and 39 Local Resiliency and Water/ wellfields pumping 224 MGD.” She Sewer Utilities suggested that these are perfect condi- Every American city is tions for flooding and water contami- nation disasters. She stated, “… state exposed to natural and manmade Dr. Jennifer Jurado disaster episodes; and local govern- ocean outfall legislation is requiring the cities in the county to reuse water ment is responsible for, and expected the probability of failure. They con- and reduce 60% of the outfall flows.” to deal with them. Land use authority structed a 10 step model to guide local Broward County and its combined with modern science helps government through the process of member cities have established a planners prepare and prevent, as well risk evaluation. The risk of flooding or governance structure to deal with the as recover from disasters. Black & earthquake, for example, can be com- problems. Policy to address the issues Veatch consultants, Pamela Kenel and pared with the cost of destruction and will be developed in a County-wide Jim Nightingale, laid out a rational the cost of mitigation that reduces the Integrated Water Resources Plan that approach to making structural deci- cost of destruction. Results of the pro- takes advice from a Water Advisory sions on resource allocation, based jected costs can be compared across Board, and a Water Resources Task on improved understanding of threats all risk categories. In this way, local Force that is considering new building and quantification of local priorities. A decision makers can compare which codes and irrigation restrictions. The real-time exercise in guiding invest- risks can be mitigated, and over what County is coordinating planning and ment based on those priorities. Bro- time frame. This method provides a identifying modeling needs; establish- ward County’s Dr. Jennifer Jurado, Di- comprehensive approach rather than ing a Reclaimed Water Master Plan; rector, Department of Environmental rely on a one-at-a-time silo based ap- and a Grants Program to incentivize Planning and Community Resilience proach where every risk is addressed water conservation initiatives. Division told meeting participants equally. Local resources simply cannot

4 Newsletter for the Mayors Water Council of The United States Conference of Mayors—Summer 2016 Rebuilding a Sustainable Water Infrastructure with Strength and Resiliency Leveraging pipeline innovation for best solution to U.S. cities’ needs: Ductile Iron Pipe

By Jon R. Runge, CAE services for 10 decades or more. When will continue working long into tomor- these old Cast Iron Pipes were buried, row. Because it’s sustainable, it won’t Repairing our country’s infrastruc- engineers expected they would last a give rise to concerns from your com- ture ranks as a leading national issue, long time – but they had no idea these munity about toxins or leaching. Be- but the responsibility all too often iron pipes would be so durable. cause it’s durable, it can be depended falls squarely on the shoulders of our upon to work reliably for generations municipal leaders. Underground pipe Continuous Improvement: Ductile no matter how much tapping or expan- systems in North America experience Iron Pipe sion work a water system requires. around 300,000 water main breaks Since those Cast Iron Pipes were What’s more, only Ductile Iron Pipe each year, according to a 2013 report installed, a modern variant of iron can resist the damage unleashed by by the United States Conference of pipe has been developed that is even Mother Nature – be it a grueling sun, Mayors, and each break is time and stronger, longer-lasting, and the most an icy cold blast, or even an earth- money spent, and headaches endured, sustainable pressurized water pipe on quake. that our nation’s mayors would rather the market today. Ductile Iron Pipe avoid. What many of us don’t real- retains all of Cast Iron’s best quali- Return on Investment: Longest Service ize, however, is that many of these ties while also providing additional Life, Lower Pumping Costs, Increased water mains have been in the ground a strength, resilience, and durability. Energy Savings century or more – long outlasting their According to a study by the American expected lifetimes. It’s a testament to When considering pipe materials for Water Works Association, over the the strength of Iron, and proof for why large scale, municipal infrastructure next 25 years the United States must even stronger and more durable mod- projects, sustainability is a top con- invest more than $1 trillion in under- ern Ductile Iron Pipe should be our cern. Ductile Iron Pipe is 100% recy- ground drinking water infrastructure. first choice for repairing and replacing clable and is made from up to 98% Modern Ductile Iron Pipe enjoys the our nation’s aging water infrastructure. recycled content; decades of extensive longest average estimated service life use have demonstrated that it presents of all pipe materials with an average America was built on Cast Iron Pipe; it no adverse health risks. This qualifies estimated service life of 105 years. is a proven product that has served our the pipe for consideration in special Also, the increased flow capacity country for generations. Today, hun- discounts in financing – including of Ductile Iron Pipe leads to lower dreds of utilities in the United States those using State Revolving Funds pumping costs and significant energy and Canada have benefited from Cast such in certain states. Ductile Iron savings. This is because Ductile Iron Iron mains in continuous service for Pipe is just the second product in the Pipe’s generally larger than normal in- more than 100 years, including many buried infrastructure industry to ever side diameters, combined with its high members of the Mayors Water Coun- earn a Gold rating in the Institute for flow coefficient, offer substantial sav- cil. The Ductile Iron Pipe Research Market Transformation to Sustainabil- ings on pumping and power costs over Association (DIRPA)’s Century Club ity’s SMaRT certification, making it the life of the pipeline. In fact, pump- recognizes 530 Century Club members the top choice for sustainable infra- ing through Ductile Iron Pipe can and 21 Sesquicentennial members, all structure. result in as much as a 38% savings in of whom represent water utilities with energy consumption. That means that Cast Iron mains that have provided Ductile Iron Pipe works today, and continued on page 7

Newsletter for the Mayors Water Council of The United States Conference of Mayors—Summer 2016 5 GREEN INFRASTRUCTURE EPA Region IV’s Christine McKay Details Science-Based Green Infrastructure Practices Having Positive Impact To view the speakers presentation go to:http://usmayors.org/urbanwater/

EPA Region 4’s Green Infrastructure al examples of GI projects at regional, loan. Other contributions include those (GI) ‘go-to’ professional, Christine city, neighborhood and site-specific from the: State, NGOs, and private McKay, reminded mayors of the scale are included in the power point charities. science-based foundations McKay praised the City of of watersheds, urbaniza- Atlanta for successful adop- tion and the resulting hy- tion of a city-wide Green drograph typifying early Infrastructure 1” stormwater and sustained peak wet retention requirement for new weather flow and imper- and redeveloped structures. vious pavement. McKay The requirement is planned commented on the result- to address areas of severe ing “urban stream syn- neighborhood flooding with a drome” where stormwater combination of neighborhood flooding is exacerbated scale GI and other structural by climate change mecha- practices like retention ponds. nisms. Recently, April 2016, the EPA Region 4 is Green Infrastructure Strategic working with communi- (L-R) Christine McKay, EPA and Denisse Diaz, EPA Action Plan was completed, ties to develop integrated and this document spells out water management practices that view she presented. how the GI program will be imple- stormwater as a resource rather than One project, the Silver Lake mented over time. a nuisance. McKay stated, “Green Wildlife Management Area, is a Infrastructure describes efforts to regional effort where 9,200 acres maintain and/or restore the hydrolog- were purchased for $38.6 million. GI ic cycle and other ecosystem services best practices are planned to manage during land development by manag- the area to protect water quality and ing stormwater through conservation enhance eco-services. The project of floodplains, forests, stream buffers, was financed by a contribution from wetlands at the landscape scale and Decatur County, GA ($6 million); a using conservation and/or engineered Georgia CWSRF Loan ($3 million); practices to manage stormwater at the and a SPLOST (Special Purpose Local neighborhood and site scales.” Sever- Option Sales Tax) funds to repay the

Christine McKay, EPA Region IV Georgia Coordinator: Nonpoint Source Program, NPDES Stormwater Permits and Watersheds Water Protection Division Sustainable Communities and Water 404-562-9412, [email protected]

6 Newsletter for the Mayors Water Council of The United States Conference of Mayors—Summer 2016 GREEN INFRASTRUCTURE Advancing Green Infrastructure in Support of a Sound Environment To view the speaker’s presentation go to http://usmayors.org/urbanwater

Racine (WI) Mayor John Dickert and important if we are to protect water Mayors Dickert and Rich- Lake Barrington (IL) Mayor Kevin quality; but it is also critical to local ardson vetted a proposed resolution Richardson proposed new Confer- efforts to fight blight, obesity and that urges cities to adopt policies that ence of Mayors policy to support adaptation to local changes in meteo- reflect best practices to effectively use Green Infrastructure (GI) at the Hol- rological conditions.” He also said and maintain healthy green infra- lywood, FL meeting of the Mayors that the U.S. Conference of Mayors structure. They argue that residential, Water Council. Citing previous reso- has long supported programs and governmental and educational turf lutions adopted in Baltimore (2011) initiatives, including Public-Private surfaces must be managed in a man- and Seattle (2010) on this subject, Partnerships (P3) between cities and ner that reflects local climatic and Mayors Dickert and Richardson com- the private sector, to both expand hydrogeological conditions but also mented that a new and more encom- the amount of properly maintained works to protect and enhance water passing GI policy is called for as the greenspace and turf surfaces to benefit and air resources. The proposed reso- state-of-the-knowledge on effective human health and the environment lution would provide a broad umbrel- GI continues to evolve. and to help reverse blight in economi- la for promoting GI projects that are Richardson stated “…GI is cally-challenged neighborhoods. tailored to local conditions rather than a one-size-fits-all approach.

Continued from page 5 Rebuilding a Sustainable Water Infrastructure a 30,000 foot-long 24-inch Pressure tile Iron Pipe withstands the most ing homes and businesses without Class 200 Ductile Iron Pipeline could demanding operating conditions, service and with potential water result in savings as much as $300,000 including high-pressure applications, damage, Ductile Iron Pipe simply in energy costs over 20 years com- water hammer, frozen ground, deep works. pared to other pipe materials. trenches, areas of high water table and heavy traffic, river crossing, pipe on Engineers have long supported Ductile Iron Pipe’s dependability is supports, rocky trenches, and areas of Ductile Iron Pipe’s superior durabil- primarily due to its durability, impact, shifting, expansive and unstable soils. ity and high quality – and countless and corrosion resistance. Ductile Iron Ductile Iron Pipe is also not affected American cities have relied on iron Pipe has twice the ultimate strength by typical variations of temperature for more than a century. There’s of gray iron, and resists damage change, whereas other pipe materi- a reason why Ductile Iron Pipe is during handling and shipping. The als can become more brittle in colder considered the wisest choice for installation of Ductile Iron Pipe is temperatures and weaker in higher rebuilding our nation’s critical water very simple, and once installed it temperatures. While some pipes too infrastructure. is virtually maintenance-free. Duc- often burst under these pressures, leav-

Newsletter for the Mayors Water Council of The United States Conference of Mayors—Summer 2016 7 WATER SUPPLY Napa (CA) Mayor Jill Techel Comments on Water Conservation and Drought Restrictions in Northern California To view the speaker’s presentation go to http://usmayors.org/urbanwater/

Jill Techel, Mayor, City of Napa (CA)

The mayor gave an update to her declaration of a Stage 2 Moderate gallons per capita per day and drops to October 2015 report in Los Angeles. Water Shortage (entails legal restric- 132 gallons in 2020. Reminding attendees that California tions on over use); and, enforcement The impact of the drought is had three challenges: 2013 driest year actions that graduate from education to not limited to water supply, it has also on record; 2014 hottest year on record; warning to fines. Mayor Techel stated impacted the water fund. Conserva- 2015 lowest snowpack on record. The that Napa has reduced consumption tion practices are effective, and they first ever state mandate on water use each month in 2015/2016 compared have reduced water revenues by $3.2 restrictions resulted in a target con- to base year 2013. She said that the million in FY14-15; and is estimated sumption reduction for Napa of 20%. local lake and reservoir supplying the to reduce revenues by $5.1 million in Napa has continued its lead- city are full. The city confirmed the FY15-16. The Council has ordered a ership driven conservation efforts conservation restrictions will remain water rate study in 2016 to readjust through a combination of citizen in place, even though snowpack and rates to account for costs and reduced education and outreach; efficiency reservoirs are recovering, until Octo- consumption levels. incentives to consumers including ber 2016 to be safe. The plan for long rebates and free water saving devices; term per capita reduction starts at 172

WATER SUPPLY Progress of Tampa Bay Water’s Seawater Desalination Facility To view the speaker’s presentation go to http://usmayors.org/urbanwater/ Presenter Jeff Miller – General Manager American Water Contract Services (American Water is the largest and most geographically diverse publicly traded water and wastewater service provider in the US) Miller described the Tampa Bay Water 2008 to present in operation as needed Seawater Desalination Facility and and continuing to improve design and how it fits in with the regional water operation. Miller went through an supply. American Water operates the interesting tick list of system optimi- Jeff Miller Desalination facility that TBW owns. zation programs including membrane plant startup processes; with planned Miller described the facility’s proj- cleaning; coagulation/flocculation; and production in mid-April 2016. The ect chronology: a privatized project a chlorine dioxide disinfection study. desalination plant will provide 12-16 conception in 1999; several project He said that the plant recently million gallons per day (MGD) for a ownership changes due to service pro- went offline as Tampa Bay Water 2-3 month summer production season. vider financial distress from 2002 to (TBW) addressed intake upgrades at The supply will augment current TBW 2005; pilot testing in 2005-2007 with the electric generating facility. Cur- supplies. subsequent design improvements; and, rently, managers are working through

8 Newsletter for the Mayors Water Council of The United States Conference of Mayors—Summer 2016 WATER SUPPLY North Texas Cities Racing Against Time to Secure Adequate Water Supply Capacity To view the speaker’s presentation go to http://usmayors.org/urbanwater/ Rirchard Peasely Safe, adequate and affordable water projected 108 MGD supply), and then discussed the challenges they encoun- supplies are critical preconditions for find a viable way to pay for it, may be tered over the project implementation. a successful city. The adequate sup- why Texas has not constructed a major He said these types of large land area ply requires capacity sourced from reservoir in the last 30 years. projects take up to 30 years to com- groundwater or surface water. Local Director Peasley stated that plete. In this case, the District acquired government has invested $11.1 billion the project, an estimated $1 billion 16,526 acres for the reservoir foot- in reservoir construction from 1993 price tag, with $122 million already print, and a 12,000 acre separate miti- to 2014; and the annual investment spent on development, could begin gation site. All of the permit reviews has grown from $398 million in 1993 construction in 2017 and deliver water were completed, including mitigation to $616 million in 2014. The grow- in 2021, just in time for an area that is modelling, and unexpectedly the EPA ing level of investment is driven by expected to double or more in popula- determined that additional mitigation combined population growth and eco- tion from 1.6 million in 2015 to 3.7 modelling was necessary. Director nomic expansion in many metropoli- million in 2070. Peasley remarked that the project de- tan areas. Richard Peasley, Director, Northern Texas is experiencing, simul- lays will cost the consumers served by North Texas Municipal Water District taneously, drought mixed with intense the District some $17 million a year, (NTMWD), representing the interests precipitation and sometimes deadly and could delay water delivery. of Frisco, TX and neighboring com- flooding. The water pendulum phe- Peasley and the NTMWD continue to munities, pressed a case in support of nomenon in the north-central Metro- press for a notice to proceed so cities expediting reservoir capacity in the 13 plex region complicates planning, but like Frisco, TX can meet their core communities comprising the NTM- one sure solution is to increase reser- city service responsibilities now and WD, part of the fast growing North- voir capacity to catch flood waters and in the future. Developing the reservoir central Texas Metropolitan region. to then treat and use the stormwater. has the added benefit of construction The enormous effort by local planners The District was granted a permit by and operation employment growth for to design, permit and operational- the Army Corps of Engineers, but held the region. ize a large reservoir (16,526 acres; up by the Regional EPA office. Peasley

RESILENCY Northeast Quadrant Stormwater Drainage Improvements Project To view the speaker’s presentation go to http://usmayors.org/urbanwater/

Presenter Steven Parkinson, P.E., PWLF, Public Works Director City of Hallandale Beach, FL

Steve Parkinson, Hallandale Beach pump stations the purpose of which after a major rain storm”, according to Public Works Director, presented is to lessen impacts from major storm Parkinson. information on a major local storm events; and, reduce property dam- The storm water system col- drainage system investment, “…de- age due to major wet weather events. lects storm water from the drainage signed to remove large volumes of Four powerful pumps- each capable area and conveys the collected water storm water.” It involves the instal- of moving 24,000 gallons per minute lation and operation of high volume (GPM) - provide a “…rapid response continued on next page

Newsletter for the Mayors Water Council of The United States Conference of Mayors—Summer 2016 9 INTEGRATED PLANNING AND FEDERAL MANDATES Denisse Diaz EPA Region IV’s Branch Chief for Permitting and Enforcement in the Water Protection Division and Integrated Planning To view the speaker’s presentation go to http://usmayors.org/urbanwater/

April 15, 2016 in Hollywood, FL, • Sequencing wastewater and storm- in IP tool development such as: stake- Denisse Diaz addressed participants water projects in a way that allows holder engagement strategy guide; a in the Mayors Water Council on how the highest priority environmental project ranking and prioritization tool; EPA Region IV implements Agency projects to come first, and information to help better integrate policy with regard to Integrated • Potentially using innovative solu- stormwater resources between co-per- Planning (IP) activity in the Region. tions, such as green infrastruc- mittees; and a guide on characterizing Ms. Diaz stated that there are, at this ture.” the value of water resources. time, no formal requests from permit- Diaz also emphasized that “It is not Diaz stated, “Don’t look for tees (cities) to deal with stormwater a means to change or lower existing new ‘IP Boilerplate’ language. We management under an IP framework. regulatory or permitting standards think that runs contrary to the flex- However, Diaz was well versed in or requirements, or delay necessary ibility that we want to afford. Expect the IP policy, the Agency’s Green improvements.” IP to take many different forms – the Infrastructure (GI) policy and recent IP approaches, said Diaz, are important thing is the concepts.” modifications to the Financial Capabil- appropriate when considering com- ity Assessment policy. pliance and long term control plans Denisse Diaz, Branch Chief The Region IV perspective on for combined and/or sanitary sewer NPDES Permitting and IP is that it is “A voluntary opportunity overflows. The IP process is helpful Enforcement Branch for municipalities to propose to meet for identifying, evaluating, and select- Water Protection Division CWA requirements by: ing alternatives and proposing imple- EPA Region 4 mentation schedules. EPA awarded (404) 562-9610 • Identifying efficiencies in storm- $335,000 to 5 communities in 2014 to [email protected] water and wastewater programs, develop IP plans. This effort will result

Continued from previous page Stormwater Drainage Improvements to two pump stations. From these FEMA-Hazard Mitigation Grant Pro- road restoration; and, dealing with dig- stations, the stormwater is pumped gram (HMGP). The HMGP provided ging in a high water table. Additional through a common 48” diameter force $7,988,700.00, and Hallandale Beach efforts were required to coordinate main to 15 injection wells. Together, share was $2,662,900.00. transportation routing; avoiding under- the four storm water pumps will Parkinson also commented ground utilities conflicts; scheduling discharge up to 96,000 GPM of storm on some of the major challenges energy and communications utilities water into 15 injection wells at 24” in getting the project done. Project to avoid failures. Finally, Parkinson diameter each (150-200 feet deep). logistics presented physical challenges remarked that the project planning Parkinson identified the proj- due to unsuitable soils (high content required extensive regulatory permits ect investment financing as a matching of organic material), and subsequent requirements from the Florida Depart- grant with the local share 25% and a removal/replacement; and additional ment of Environmental Protection.

10 Newsletter for the Mayors Water Council of The United States Conference of Mayors—Summer 2016 PUBLIC-PRIVATE PARTNERSHIPS Water Infrastructure Finance and Partnerships

Eric Petersen, Hawkins Delafield & ter processing frees up the city from Veolia’s Peer Performance Solution Wood this responsibility in practice. It also contract with New York City that has allows the city to transfer the responsi- achieved $100M in recurring savings Eric Petersen, an Attorney and Partner bility for regulatory compliance to the from operations improvements and at Hawkins Delafield & Wood, kicked private party. employee culture change. Veolia has off the panel on P3s on April 15, 2016 Petersen discussed various also been responsible for generating in Hollywood, FL at the Mayors Water forms that P3s can take. He said that $43 million in new meter revenue Council meeting. Petersen, a promi- service agreements have evolved over through accuracy maintenance pro- nent advisor to cities on P3 projects, time, and local government can rely gram. Overall, the cumulative savings talked about the many advantages of on modern agreements to both save have helped keep rates low. P3 arrangements as alternative service money and provide the core water and A Delegated Management con- delivery models that work. He focused sewer services. tract with Pittsburgh Water and Sewer his discussion in two main areas. First, Authority provides for embedding key he compared the traditional Design- David Gadis, Veolia Water North Veolia staff into management and op- Bid-Build process with the alternative America erations. The partnership has achieved P3 approach involving the Design- (To view the speaker’s presentation go $5.5 million in annual savings and new Build-Operate (DBO) model. The to: http://usmayors.org/urbanwater/) revenue to date; an 80% improvement DBO approach has significant upside in customer call response time; and, potential by consolidating the start- David Gadis remarked on reduced energy consumption at one to-end process and putting one party the challenges that local government facility by up to 68%. in charge and responsible for project faces, whether it be lack of financing Another partnership involves design, construction and operation. capacity, aging facilities and pipes, the City of Rialto (CA), Veolia Water This model substantially reduces legal difficulty in complying with water and Table Rock Capital (TRC) to help challenges, and takes advantage of the regulations, etc., and a variety of P3 Rialto address financial challenges time value of money by expediting the solutions. For example, he said that through a 30-year concession agree- project completion time. the traditional Contract Operations and ment involving a $35 million up-front The other focus of Petersen’s maintenance agreement between Veo- payment (concession), and $41 million remarks dealt with the public benefits lia and Milwaukee Metropolitan Sew- in needed capital improvements to of P3 projects. He acknowledged that erage District since 2008 generated the water and wastewater systems. An the private operators bring their con- $35 million in savings and facilitated initial $7 million capital improvement siderable experience to bear in operat- $1.5 million for research to preserve program and operational savings saved ing public water utilities. Shifting the the Great Lakes. $2.5 million over the first five years of burden for water delivery or wastewa- He also commented on continued on next page

Newsletter for the Mayors Water Council of The United States Conference of Mayors—Summer 2016 11 Continued from Previous Page... Water Infrastructure Finance and Partnerships the contract term. The partnership also it solved the city’s challenge with an provement plan (CIP) with significant generated 445 construction jobs. aging water workforce. savings. In Kingwood, TX, STS Eugene Anderson, Suez North William Malarkey, Severn Trent has provided end-to-end water and America Services wastewater service for approximately (To view the speaker’s presentation go (To view the speaker’s presentation go 100,000 Houston residents since 1974. to: http://usmayors.org/urbanwater/) to: http://usmayors.org/urbanwater/) The partnership includes five waste- water treatment plants (WWTP), and Eugene Anderson commented William Malarkey of Severn 12 water treatment plants (WTP). Ma- on several challenges that cities face re- Trent Services (STS) commented on larkey said that the company saved the garding water and wastewater manage- what his company is doing to help city city significant amounts on planned ment. A major problem is the state of clients. He also talked more generally expansion with operational changes aging water infrastructure and the lack about a model for P3s that addresses the and technology rehabilitation. of local financial resources to address economies (low interest rates) that tax Malarkey pointed out that it. Pension obligations were also cited exempt financing provides, but allows many communities would like to as a challenge, and one solution is to for greater private party participation. explore P3 arrangements, but when consider public water infrastructure as Severn Trent has operated the capital investment is involved (and it an asset that can be leveraged to raise 20 MGD Northside wastewater treat- always is with public water infrastruc- capital for rebuilding the infrastructure ment plant (WWPT) in Danville, VA ture) local government is hard pressed and make good on pension liabilities. since 2009, along with 11 pumping to bypass tax exempt debt financing Anderson said that the Bay- stations, and the system’s industrial or municipal low interest loans. A new onne (NJ) - SUEZ long term partner- pre-treatment program. He stated that model is available that avoids that ship exemplifies what can be done to STS management has provided sav- hard decision to forgo tax exempt debt raise capital, upgrade water infrastruc- ings and cost avoidance for the City of financing. He said that if the physical ture, ensure service levels and keep Danville by: reducing annual biosolids assets (WTP or WWTP) are held in rates reasonable. This partnership com- costs by $141 thousand; performed trust for the municipality there are no bines the Bayonne Water Authority, aeration basin upgrades worth $7.8 restrictions other than normal for using SUEZ and an equity partner. The City million; replaced chlorine contact gate tax exempt financing and having a received a concession fee that helped valves for 1/3 initial estimate; and private operator involved. He com- their pension investment responsibility; led asset management reviews to set pared traditional and this new model a partnership to make upgrade invest- system Capital investment priorities by characteristics in his presentation. ments over the partnership years; and, and develop an efficient capital im-

(L-R) Eric Petersen, Hawkins Delafield & Wood; William Malarkey, Severn Trent Services; Eugene Anderson, SUEZ Water. David Gadis, Veolia Water north America;

12 Newsletter for the Mayors Water Council of The United States Conference of Mayors—Summer 2016 National Association of Water Companies (NAWC) launched Truth from the Tap to ensure that decision makers have straightforward facts, not spin, when choosing water service delivery

By Michael Deane, Executive Director, NAWC

In 2006, Fillmore, California’s waste- lenges in their communities. These In 2015, the National Associa- water treatment plant needed signifi- challenges are complex and addressing tion of Water Companies launched the cant upgrades to meet the demands of them often carries significant budget Truth from the Tap campaign to serve a growing population and to ensure implications. Decision makers have to as a resource for decision makers and environmental compliance. The city look at their needs and objectives and communities when they are weighing decided to partner with American decide what is best for their individual their drinking water and wastewater Water to design, build, and operate the communities. options. All too often, communities are new facility. Today, the plant produces Some communities decide that inundated with advocacy organizations’ water that is 10 times cleaner than the best option for them is a partner- scare tactics and inaccurate claims the old plant and has eliminated any ship, working hand-in-hand with a about water operations and delivery discharge into the nearby Santa Clara professional water company for their models and we wanted to set the record River. water and wastewater systems like straight. The public-private partner- in Fillmore, Jersey City and Fulton Communities need to also hear ship contract to operate Fulton County, County. Others decide to have a pri- about the many benefits of partnering Georgia’s drinking water treatment vate water operator acquire their water with a professional water management plant has been consistently renewed systems to ensure investment and company, including operations manage- since 1990. For the duration of the reliability. And, still others decide their ment led by those with the highest level contract with Veolia, there has not systems should be community owned of water system expertise, an envi- been a single regulatory violation or and operated. ronmental compliance record that is service disruption to customers and Regardless of what model is stronger on average than municipally- $25 million has been saved as a result ultimately selected, it is crucial that run systems, and expanded access to of more efficient operations. those tasked with these important deci- financial resources for investment in Jersey City, New Jersey has sions have all of the facts they need to operations and infrastructure. operated its municipal water system decide what works best for their com- Communities have a vested as a public-private partnership with munity. And, as made abundantly clear interest in being well educated on their United Water since 1996. Under the by the Flint water crisis, these deci- water options. Water and wastewater partnership, the city’s water came into sions can have enormous public health management and delivery is complex compliance with the Environmental ramifications. and there is little to no margin for error. Protection Agency’s rules on lead and Water companies have served Regardless of whether a community copper for the first time ever. Further, communities across the United States chooses to work with a professional as part of the partnership contract, city for over 200 years. Today, private water management company, what utility workers were given the op- water operators are proud to serve 73 matters most is that they are given the portunity to retain their pensions and million Americans, providing safe and opportunity to fully consider all of the benefits. reliable drinking water and wastewater facts. NAWC launched Truth from the Communities like Fillmore, systems. Every year, the country’s five Tap to ensure that decision makers have Jersey City and Fulton County are not largest private water companies invest straightforward facts, not spin, when unique. Mayors across the nation face over $2 billion into America’s water deciding how best to provide reliable significant water infrastructure chal- infrastructure system. water services to their communities.

Newsletter for the Mayors Water Council of The United States Conference of Mayors—Summer 2016 13 REGULATORY ACTIONS Regulating Perchlorate in Drinking Water: An Update for Mayors

By Mary Ostrowski, American Chemistry Council

What’s happening with federal per- that is commonly used in rocket 3. In the sole judgment of the EPA chlorate regulation? The US Environ- propellants, munitions, fireworks, Administrator, perchlorate regula- mental Protection Agency (EPA) con- airbag initiators for vehicles, matches tion presents a meaningful oppor- tinues to move slowly in promulgating and signal flares. It occurs naturally in tunity for health risk reductions a new primary drinking water standard some fertilizers, and it is produced in for individuals served by public under the Safe Drinking Water Act chlorine bleach as that product ages. water systems. (SDWA). The Natural Resources Perchlorate can affect the function- Defense Council filed a lawsuit against ing of the human thyroid at very A fact sheet on its final regu- the Agency in the US Southern District high exposure levels by blocking the latory determination for perchlorate re- Court for New York, almost exactly normal uptake of iodine by the thy- leased by the Agency noted there is “a five years after EPA made the deci- roid. Women of child-bearing age meaningful opportunity for health risk sion to regulate perchlorate in drinking and infants are the most vulnerable to reduction for the 5.2 to 16.6 million water. Under the SDWA, the Agency perchlorate health effects. people who may be served drinking must propose a standard within two Perchlorate regulation has water containing perchlorate.” Oc- years after making a regulatory deter- been a contentious issue for years, currence data upon which the Agency mination. Once a proposal is issued, and different governmental agencies bases its decision to regulate, however, the standard must be finalized by EPA have established a fairly wide range of have been criticized by some as dated within 18 months. assumed acceptable levels of human and inconsistently collected. What’s holding up the EPA exposure. The 2011 EPA decision is the introduction of a new model to regulate perchlorate reversed a What the Experts Say designed to mimic perchlorate interac- 2008 preliminary EPA decision not to A 2015 article by ex-EPA tion in the human body. Currently, regulate it. EPA set an Interim Health Office of Water scientist, Dr. Joseph the Agency is evaluating nomina- Advisory Level of 15 parts per bil- Cotruvo, in the Journal of the Ameri- tions for a panel of 10-15 experts to lion (ppb) in drinking water in 2009. can Water Works Association , offered review the scientifically complex California has chosen the much more the perspective that the EPA Health model. The model was developed by conservative regulatory value of 6 Advisory level of 15 ppb “appears EPA and Food and Drug Administra- ppb, with a Public Health Goal of 1 to be appropriately conservative for tion scientists on the recommendation ppb. Massachusetts has a regulatory thyroid effects as well as more subtle of the 2013 EPA Science Advisory value of 2 ppb. The World Health Or- effects.” He concluded that “the Board; and, the “biologically based ganization (WHO) recently proposed a costs of any regulation would exceed dose-response model,” will break new perchlorate guideline of 70 ppb. benefits.” Cotruvo pointed out that ground in EPA’s use of quantitative The EPA’s decision to regulate treatment technologies to remove science to understand the health ef- perchlorate was made based on three perchlorate are expensive, and “not fects of contaminants to which humans statutory criteria: readily implemented in the small water are exposed. The model is ready, and 1. Perchlorate may have an adverse systems where most of the effects of experts are needed to evaluate it. effect on human health. a regulation would be felt.” He also 2. Perchlorate is known to occur in noted that it is unlikely that a national Background public drinking water systems regulation would be more beneficial Perchlorate is a naturally oc- with a frequency and at levels that curring and manufactured substance present a public health concern. continued on next page

14 Newsletter for the Mayors Water Council of The United States Conference of Mayors—Summer 2016 REGULATORY ACTIONS The RMP Rulemaking Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Section 112(r)(7)

The Environmental Protec- other changes to certain regulatory that is counter to EPA’s internal “Guid- tion Agency (EPA) proposed, and took definitions and data elements submit- ance on Executive Order 13132: Fed- comment on, significant amendments ted in risk management plans. These eralism” (Nov. 2008), which specifies to its Risk Management Program proposed amendments seek to improve that states and local governments must regulations. The proposed revisions, chemical process safety, assist local be consulted on rules if they impose prompted by Executive Order 13650, emergency authorities in planning substantial compliance costs, preempt include changes to the accident for and responding to accidents, and state or local laws and/or have “sub- prevention program requirements improve public awareness of chemical stantial direct effects on state and local including an additional analysis of hazards at regulated sources. governments.” safer technology and alternatives for The United States Confer- Because Stanislaus denied the the process hazard analysis for some ence of Mayors (USCM) joined the comment period extension the 3 orga- facilities that handle chemicals that National League of Cities (NLC) and nizations submitted joint comments on meet or exceed quantity thresholds the National Association of Counties May 13, 2016. Some key concerns are established in previous rulings. The (NACo) in a letter to EPA Adminis- raised in the comments. Under the pro- new requirements will also require trator Gina McCarthy requesting an posed rule, local governments will be regulated facilities and the local extension for comments. McCarthy impacted on two fronts. First, as own- implementing authorities (i.e., lo- was silent on the request but Office of ers and operators of publically owned cal government) to either participate Solid Waste and Emergency Response water/wastewater treatment facilities, in or conduct and review third-party Assistant Administrator M. Stanislaus local governments would be regulated audits and incident investigation root denied an extension, stating that ample through new requirements on these fa- cause analysis for as many as 11,900 opportunity to develop comments was cilities. In particular, the letter to EPA facilities in the US. The added require- given. The 3 local elected officials raises the concern that in addition to ments include enhancements to the organizations pointed out to McCarthy the increased managerial costs associ- emergency preparedness requirements, that EPA did not adequately satisfy ated with compliance, EPA is consid- increased public availability of chemi- their obligations under Executive ering subjecting these facilities to safer cal hazard information, and several Order 13132 (the Federalism EO), and continued on next page

Continued from previous page Perchorlate in Drinking Water 1 EPA Fact Sheet: Final Regulatory Deter- mended level, but higher than levels than efforts that include ensuring that mination for Perchlorate. Office of Water set in California and Massachusetts. pregnant women do not smoke; that (4607M), EPA 815-F-11-003, February, It is expected that the expert panel they receive sufficient iodine supple- 2011. On line (available): https://www. reviewing the biological based model mentation; and that opportunities for epa.gov/sites/production/files/2015-08/ will determine if the Interim Level increasing the iodine consumption for documents/epa815f11003.pdf was adequately protective all along. the general population are examined. 2 Cotruvo, Joseph A. (2015). “Perchlorate EPA’s Interim Health Advi- Mary Ostrowski is a Senior Director in US Drinking Water: Is a Federal Regu- sory Level for perchlorate is relatively at the American Chemistry Council’s lation Needed to Protect Public Health?” more stringent than the WHO recom- Chlorine Chemistry Division in DC. Journal AWWA 107:6.

Newsletter for the Mayors Water Council of The United States Conference of Mayors—Summer 2016 15 Continued from previous page RMP Rulemaking alternative technology (STAA) re- significant cost and workforce burdens prompted by a deadly explosion in a views. Safer technology alternatives to that will fall disproportionately on fertilizer plant in Texas. At the same reduce risk at a water treatment plant smaller communities, compounding time that comments on the rulemaking could inadvertently counter other fed- their challenges of complying with the were due officials at the Federal Alco- eral environmental quality objectives/ new federal mandates. These jurisdic- hol, Tobacco and Firearms Administra- regulations and, selecting the most tions generally have small staffs who tion (ATF) released evidence that the appropriate water treatment chemicals are already managing a wide range of fertilizer plant explosion was caused and technology applications should be issues. Larger communities will also by arson, and was not an accident. made by water utility managers based be faced with increased reporting and The EPA cited several other accidents on science, practical experience, and activity burdens as first responders, at other facilities, but it does raise the their professional opinion of what will emergency planners, and regulators of question that if the Texas fertilizer most effectively make water safe for land use activities. Some 11,900 cases arson had not happened would there public consumption and comply with will have to be reviewed with signifi- be an Executive Order? the Safe Drinking Water Act. cant potential for additional emergen- USCM staff will continue to Another key concern stated in cy planning modifications. work with member cities to identify the comments involve the costs and As a footnote, the President’s the monetary and human resource impacts of a more prescriptive risk EO 13650 that forms a basis for initi- costs associated with compliance with management program that will place ating the RMP rulemaking was largely the rule.

Mayors Water Council A Task Force of The United States Conference of Mayors

The Mayors Water Council provides a forum for Mayors to discuss issues impacting how they provide safe, adequate and affordable water and wastewater services in America’s Principal Cities in the 21st Century. It is open to all May- ors, focusing on water resources development, including: surface and sub-surface infrastructure financing and opera- tions; water supply planning; watershed management; Public-Private Partnerships; water conservation; and, asset management and modernization of systems. The Mayors Water Council facilitates dissemination of information on best practices and public water policy. It acts through The U.S. Conference of Mayors Environment Committee.

THE UNITED STATES CONFERENCE OF MAYORS

Tom Cochran CEO and Executive Director

1620 Eye Street NW, Washington, DC 20006 Tel: 202-293-7330 Fax: 202-293-2352 usmayors.org 16 Newsletter for the Mayors Water Council of The United States Conference of Mayors—Summer 2016