HomeMy WebLinkAbout2000-02-14 WSB AGENDA1.
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AGENDA
ENGLEWOOD WATER AND SEWER BOARD
TUESDAY, FEBRUARY 14, 2000
5:00 p.m.
** LIBRARY CONF. ROOM **
MINUTES OF THE JANUARY 9, 2000, WATER & SEWER
BOARD. {ATT. 1)
GUEST: ART EMISON -W. ADRIATIC PL.
{CITY ATTORNEY'S REPLY & BACKGROUND -ATT. 2)
HOTEL SEWER TAP AGREEMENT -MARRIOTT SUITES
{ATT. 3)
REPORT ON MTBE CONTAMINANTS {ATT. 4)
STORM DRAINAGE EASEMENT FOR METRO DISTRICT.
OTHER.
WATER AND SEWER BOARD
MINUTES
JANUARY 11, 2000
AT~ I
1. MINUTES OF THE NOVEMBER 9, 1999 MEETING.
The Englewood Water and Sewer Board Minutes from the
November 9, 1999 meeting were approved as written.
Mr. Kasson moved;
Mr. Cassidy seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To approve the November 9,
1999 Englewood Water and Sewer
Board Minutes.
Wolosyn, Cassidy, Otis,
Kasson, Bradshaw
None
Clark, Burns, Higday
2. PUBLIC MEETING -RISK MANAGEMENT PLAN.
A public meeting was held to discuss the Risk Management
Plan with the United State Environmental Protection Agency
for using chlorine gas. Mr. McCormick, City of Englewood's
Operations Superintendent, explained that the City has
discontinued use of the gaseous chlorine and has started
using the much safer sodium hypochlorite, which does not
require a Risk Management Plan. However, because a Risk
Management Plan was filed for gaseous chlorine, the City is
required to hold a public meeting to discuss the Off-Site
Consequence Analysis of the Risk Management Plan. Public
notices were published in the Englewood Herald on December
31, 1999 and January 7, 2000. Mr. McCormick notified the
Englewood Fire Department and Mr. Bock will notify the FBI,
per disclosure requirements.
Mr. Higday entered at 5:04 p.m.
Mr. Clark entered at 5:07 p.m.
Mr. Cassidy inquired about the use of chloramine, which is
an ammonia additive to chlorine used to increase detention
time. Mr. McCormick discussed the advantages of sodium
hypochlorite over chloramine.
Mr. Burns entered at 5:09 p.m.
Mr. Clark moved:
Ms. Bradshaw seconded:
Ayes:
Nays:
Members absent:
To close the public meeting to
discuss the gaseous chlorine
Risk Management Plan at 5:10
p.m.
Wolosyn, Cassidy, Otis,
Kasson, Bradshaw, Clark,
Burns, Higday
None
None
Motion carried and the public meeting was declared closed.
3. LETTER FROM ART EMISON DATED 12-6-99 REGARDING
W. ADRIATIC PL.
The Board received a copy of a letter dated December 6, 1999
from Art Emison again requesting that the City install water
and sewer mains between S. Vallejo St. and S. Zuni St. Mr.
Bock noted that the Englewood City Attorney sent Mr. Emison
a letter stating that the Water and Sewer Board's decision
to deny his request is a final decision that is appealable
only to District Court.
4 . WOLHURST LANDING CASE #98-CV 1884.
The Board received letters discussing Wolhurst Landing's
interest in addressing long-term solutions for potential
leaks from the City Ditch, which runs along the eastern
boundary of the Wolhurst Landing property.
Mr. McCormick reviewed the letter to Wolhurst from Mr.
Fonda, the Director of Utilities dated January 6, 2000
discussing a possible solution using French drains. The
letter outlines the City's "good neighbor" offer to jointly
participate in the installation of a French drain along the
buildings adjacent to the ditch. The City would supply
labor and materials, while the Wolhurst homeowners would be
responsible for removing porches and other obstructions and
replacing them along with repairing the sod and sprinkler
systems.
5. GUEST: MIKE DUGGAN -4601 S. SANTA FE DR.
Mr. Mike Duggan appeared before the Board to request an
exception to the Englewood Municipal Code which requires
separate, direct connections for each building in a parcel
to a public water or sewer main without crossing an adjacent
property. The Englewood sewer main on the west side of
their site will be extended to enable their sewer service ·
lines to be separately and directly connected to it. John
Bock noted that the sewer main would be in an adequate
easement with engineering plans approved by the City of
Englewood prior to subdivision and construction. To bring
the site into compliance, Lot A must be disconnected fro~'
the water service line servicing Lo t B and either connected
to the water main serv ing t h e other structure o n Lot A o r
given a new tap on the water main in Uni o n.
An easement must also be pr ov ided f o r the water serv ice line.
serving the building in Lot B. The easement shall be
written and recorded such that it grants Lot B full and
unhindered access to the water line and, should repairs
become necessary, does not require the owner of Lot B to
restore the ground surface of Lot 1 (concrete or asphalt) to
its original condition. An instrument will also be recorded
against both lots stating that any further subdivisi o n of
either parcel will require further review to bring the
parcels into compliance with the Englewood Municipal Code.
Ms. Bradshaw moved;
Mr. Otis seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend approval of Mr.
Duggan's request for an
exception of the Englewood
Municipal Code Title 12-2-4:A
and 12-1B-7:A requirements for
Lots A and B of the Duggan
parcel located at Union and
Santa Fe.
Wolosyn, Cassidy, Otis,
Kass o n, Bradshaw, Clark,
Burns, Higday
None
None
The next meeting will be held February 15, 2000 at 5:00 p.m.
Respectfully submitted,
Cathy Burrage
Recording Secretary
AIT 2
City of Englewood
OFFICE OF THE CITY ATTORNEY
Daniel L. Brotzman , City Attorney
Nancy N. Reid , Assistant C ity Attorney
Dugan S . Comer, Assistant City Attorney
3400 South Elati Street
Englewood, Colorado 80110-2304
Arthur C. Emison
5564 South Lee Street
Littleton, Colorado 80127-1845
FA,"'\ 303 973-1110
December 17, 1999 Phone (303) 762-2320
FAX (303) 762-2331
I apologize for my delay in getting back to yo u. With regard to your request, I have spoken
with Mr. Sears , Mr. Fonda , Mr. Flaherty , Mr. Ross and Mr. Stitt. At this time my
discussions with staff indicate that, as to the development of the property, they believe that
they have given you sufficient information to develop this property .
You should be aware that the decision of the Englewood Water and Sewer Board was a final
decision that is appealable only to District Court. A copy of the Englewood Water and Sewer
Board Minutes is attached for your convenience.
With the foregoing in mind it would appear that you either need to proceed with an action in
District Court concerning the Englewood Water and Sewer Board issue and/or submit all of
the required material to proceed with your development.
Attachment
CC: Mayor Burns
City Council
Gary Sears
Mike Flaherty
Stu FondaV
Ken Ross
Harold Stitt
DB/nf
~ ~ Printed on Recyc led Paper. ~
WATER & SEWER BOARD
1-'IlNUTES
October 12, 1999
' -'
The meeting was called to order at 5 :05 p.m.
Chairperson Clark declared that a quorum was present.
rvrembers present :
Members absent :
Also present:
Clark, Habenicht, Bradshaw, Vobejda, Cassidy,
Kasson, Bums, Higday
Otis
Stewart Fonda, Director of Utilities
Ken Ross , Director of Pub lic Works
John Bock , Utilities Manager of Administration
1. 1{11'-HJTES OF THE SEPTE1vfBER 21 , 1999 J\IIEETING .
Two Corrections were made on the September 21, 19991vlinutes. 1) Gra y Clark was
absent from the meeting and was not listed in the minutes. 2) The approval of the Minutes
were for the meeting held on August 17 , 1999.
1v1r . Higday mo ved:
Ms. Habenicht seconded:
Ayes:
Na ys:
Members Absent:
Motion carried.
To approve the Englewood Water and Sewer
Board Minutes with corrections .
Bradshaw, Bums , Kasson , Cassid y, Vobejda, Clark
Higda y, Habenicht
None
Otis
2. ART E1vITSON -ADRIATIC PLACE EXTENDED (:Z200 BLOCK ).
Guest, 1v1r . Art Emison, presented to the Board a request for placing a water and sewer
main between South Vallejo Street and South Zuni St. Mr. Boc k, Utilities Manager of
Administration, spoke concerning State Code requiremen ts. Questions were presented to
:Mr. Emison and l\11r . Bock from the Board Members.
ivfr. Higday moved:
Ms. Habenicht seconded :
Ayes:
Nays:
Members Absent:
Motion carried .
To require compliance with the existing" State of Colorado
Colorado, Department of Pub lic Health and Envirorunent
Design Criteria for Potable Water Systems, Water Quality
Control Division" requirement of 10 feet separation of
water and sewer mains and that a I 0 feet separation from
the nearest lip of the curb and gutter be met for all new
street construction .
Bradshaw", Burns , Kasson , Cassid y, Vobejda, Clark
Higday , Habenicht
None
Ot is
3. JERRY NESTLER (850 W. QUINCY A VE .) REGARDING PROPERTJES AT
4357 Al'ID 4377 SOUTH HURON STREET.
Guest Present:
Mr. John Bock presented to the Board the problem concerning the se wer service line of
4377 S. Huron St. be ing located under the garage of 437 7 S. Huron St. Ms. Sherry
Wylie , l'v1r . Jerry Nestler, l'vfr. Roger Sorge, Mr. Ian Conant , and j\fr. Ron Flanagan spoke
about the ir concerns and poss ible solutions to the problem .
!vfr. Higda y mo ved :
Ms . Habe ni ch t seconded :
Ayes:
Nays:
Members Absent:
Motion carried ..
To require each property to comp ly with City Code .
Bradshaw, Bum s, Kasson , Cass idy, Vobejda, Clark
Higday, Habenicht
None
Ot is
4. IRRJGATION SYSTEM POLICY.
The Board was presented the new policy to aid the property owner in relocating of their
irrigation system, if necessary, during meter pit installation . A property owner is
scheduled to use the new service on October 13, 1999 .
5. WOLHURST ADULT CON.UvfUNITY PARK.
Ivfr . Stu Fonda informed the Board that an agreement had been reached with Wolhurst
Landing . Wolhurst will not appeal the recent jury verdict and the City will not seek a
claim for trail expenses .
The meeting adjourned at 6 :25 p.m.
The next Water and Sev,;er Board meeting will be November 9, 199 9 at 5 :00 p.m. in
Conference Room A.
Respectfull y submitted ,
Cath y Miller
Acting Recording Secretary
WATER AND SEWER BOARD
MINUTES
NOVEMBER 9, 1999
1. MINUTES OF THE OCTOBER 12, 1999 MEETING.
The Englewood Water and Sewer Board Minutes from the October
12, 1999 meeting were approved as written.
Ms. Bradshaw moved;
Ms. Habenicht seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To approve the October 12,
1999 Englewood Water and Sewer
Board Minutes.
Habenicht, Clark, Burns,
Higday, Cassidy, Otis, Kasson,
Vobejda, Bradshaw
None
None
2. ART EMISON RE: 2000 W. ADRIATIC PL.
Mr. Emison had appeared before the Board at the October 12,
1999 meeting requesting the City install water and sewer
mains between S. Vallejo St and S. Zuni St. He appeared to
have the Board's decision clarified and requested a special
favor whereas the City would fund and install the requested
water and sewer mains and collect the cost from other owners
when they connect. He also requested that collected tap
fees would be applied to main installation. Mr. Emison also
requested that the City fund burying the Public Service
lines that are in the existing right-of-way.
Mr. Fonda reviewed Mr. Emison's options and requirements for
getting the City of Englewood to install water and sewer
mains and stated that the City does not participate with any
developer as requested by Mr. Emison. The Board directed
Mr. Emison to work with Utilities' staff on his proposed
development. Mr. Emison requested the options be given to
him in written form. It was also noted that all main
development is done the same, to the extent practical, for
all developers using existing Code and policies mandated by
City Council and the Englewood Water and Sewer Board.
Mayor Burns excused himself at 5:25 p.m.
3. REVISION OF ORDINANCE FOR WATER & SEWER CODE.
The Board received a memorandum dated October 15, 1999 from
Stu Fonda recommending a revision of the existing Water and
Sewer Code pertaining to recovery of main line construction
costs. It states, "Recovery shall be from the requesting
party or parties and shall be upon completion of said
extension. Recovery shall be defined as the entire cost of
the main extension. The requesting parties shall
demonstrate the ability to reimburse the City for sewer main
construction costs prior to construction."
Ms. Bradshaw moved;
Mr. Cassidy seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend a Re v ision of
Ordinance for 12-2-9:A
pertaining to recovery of main
line construction costs.
Habenicht, Clark, Higday,
Cassidy, Otis, Kasson/
Vobejda 1 Bradshaw
None
Burns
4. COLUMBINE SANITATION DIST. SUPPLEMENT #4.
A request was made by Columbine Water and Sanitation
District and Valley Sanitation District for the landowner/
HTL-LLC to inclusion into the district. Supplement #4 is
for 77 taps for a residential development consisting of 29
home sites 1 46 patio homes and one for the Columbine Town
Hall, all located on approximately 40 acres. The property
is located south of W. Bowles Ave. and west of Middlefield
Rd. in the Town of Columbine Valley.
Ms. Bradshaw moved;
Mr. Cassidy seconded: To approve Columbine
Sanitation District Supplement
#4.
Ayes :
Na ys :
Members absent:
Motion carried .
Habenicht , Cl a rk, Burns ,
Higday, Ca s sidy, Oti s , Ka s son,
Vobejda , Br adshaw
None
None
Mayor Tom Burns excused himself at 5 :25 p.m .
5 . "WATER FOR P EOPLE" BILLING INSERT
Water for People, a non-profit organization, submitted a
billing insert to be included in future water and sewer
bills . This organization was founded in 1991 and has been
working with small, rural villages in less developed
countries to provide safe water. The Board agreed to allow
t he inserts to be included in future billings.
6 . BI-CITY EPA AWARDS.
The Board received an article from t he October, 1999
Operations Forum Magazine regarding the annual EPA Awards.
The Englewood/Littleton Bi-City Treatment Plant received a
first -place award for pretreatment and a research award for
the research on the long-term effects of biosolids on dry-
land wheat farming .
7 . AGREEMENT FOR THE INTERIM PROVISION OF WATER TO THE 15 -
MILE REACH OF THE COLORADO RIVER .
Mr. Fonda received a request from the Denver Water Board
requesting that Englewood participate in the Agreement for
t he Interim Provision of Water to the 15 -Mile Reach of the
Colorado River . This agreement would provide to the U.S .
Fish & Wildlife Service on a permanent basis 10 ,825 acre-
feet annually to benefit the endangered fish . This amount
is divided among users and it appears that Englewood 1 s
amount would be minimal. Being an intergovernmental
agreement , an ordinance to City Council will b e necessary.
Stu will obtain revised figures and present them to the
Board for a recommendation at a future meeting.
8. WATER & SEWER BOARD CHRISTMAS PARTY.
The Board is invited the annual Water and Sewer Board
Christmas party to be held Tuesday, December 14, 1999 at
5:0 0 p.m. at County Line Barbecue.
The next meeting will be held December 14, 1999 at 5:00 p.m.
Respectfully submitted,
Cathy Burrage
Recording Secre t ary
A Tl. 3
HOTEL SEWER TAP AGREEMENT
THIS AGREEMENT, is made the __ day of , 2000, between the
CITY OF ENGLEWOOD whose address is 3400 South Elati Street, Englewood, Colorado
80110, (hereinafter City); and ARAPAHOE CHESTER ES HOTEL, LLC , a Colorado
limited liability company, whose address is 1512 Larimer Street, Suite 800, Denver,
Colorado 80202 , (hereinafter Owner).
WHEREAS, the Owner requested a reduction in sewer tap fees because they believe their
Hotel's water usage is less per unit than a single-family equivalent. The subject Hotel is
located at 7877 South Chester Street, Englewood, Colorado 80112 , also known as
TownePlace Suites By Marriott.
WHEREAS , the standard tap fe e is based on a normal flow of two hundred (200) gallons
per day and the Owner estimates that their per unit flow is no more than one hundred (100)
gallons per day.
NOW THEREFORE the Parties agree as follows:
1. The City will sell the Owne r s ewer taps for its Hotel units at one half the standard
sewer charge, based on their e stimate of no more than 100 gallons per d a y per
occupied unit real flow . This is a minimum charge and in no event will the base tap
fee be less than one-half (112 ) the standard sewer charge .
2. The initial tap payment to the City by the Owner will be $66 ,500.00 , for Englewood
tap fees ; and a Big Dry Creek Interceptor Basin Charge of $4,750 .00, for a total of
$71 ,250.00 .
3. The Owner will deposit into escrow with the City the amount of $71 ,250 .00 , which
will be used for any additional tap fees . The escrowed funds will be held by the City
for tap fees as required pursuant to this Agreement.
4 . The City will monitor winter (November 1 through April 30), bi-monthly water usage
at the Hotel during a five (5 ) y e ar period. During that time , the Owner will cause to be
monitored the water consumption on a daily basis. The Owner will cause to be
furnished to the City a report on daily water consumption and the number of rooms
occupied on the corresponding days. The Owner will cause the report to be submitted
to the City on a monthly basis .
5 . If at any time during the five (5 ) year period, the daily, per occupied unit consumption
goes over one-hundre d (100) gallons per day, the Owner will pay the additional tap fee
owed. If the fee is not paid within sixty (60 ) days , the City will make periodic draws
on the escrowed funds to pay to the City additional sewer tap fees based on the
amount of flow in excess of one hundred (100) gallons per day as billed by the City of
Englewood. If the Owner's daily, per occupie d unit usage is less than one hundred
(100) gallons per day, the City will not owe the Owner any refund .
6. Additional sewer tap fees will be computed on the basis of two hundred (200) gallons
per day being equal to a tap fee of $1,500.00. As an example, if the usage goes over
one hundred (100) gallons per day by five (5) gallons per day, then five (5) gallons per
day is two and one-half percent (2 112%) of the two hundred (200) gallons per day, two
and one-half percent (2 1/2%) of one thousand five hundred dollars ($1,500) is thirty-
seven dollars and fifty cents ($37.50) times ninety-five (95) hotel units is three
thousand five hundred and sixty-two dollars and fifty cents ($3,562.50) in additional
sewer tap fees. The higher amount, in this example the 105 gallons per day per unit,
will become the new base line for tap fees. Once the baseline reaches 200 gallons per
day, per residential unit, the maximum tap fee will be owed. In no event shall the
total tap fees exceed one maximum tap fee per unit.
7 . However, should additional units be added to the project at any time , the tap fees
shall be increased by the number of additional units . If the units are added after the
five (5) year period described in paragraph 5 a bove , or after a final base line for tap
fees has been reached, the tap fees for the new units will be the same as the final tap
fees for the original units.
8. Any accidental discharge of metered water of an unusual and non-recurring nature
where the City is notified within 24 hours of discharge and the Owner causes to be
provided documentation of the nature and extent of the discharge may be excluded
from the calculation of the tap fees. The filling of a swimming pool will not be
. considered an accidental discharge under this paragraph.
9 . At the end of five (5 ) years or on the date on which the Owner has paid the additional
sewer tap fees associated with an increase in the baseline for tap fees to 200 gallons
per day per unit, whichever event shall occur first , the escrowed funds shall be
returned to the Owner and the City will no longer monitor water usage except for
normal, annual sewer billing purposes .
10 . Any additional tap fees paid pursuant to this agreement are tap fees only and shall
not be considered sewer treatment charges. Any money owed the City under this
Agreement is a fee for the sewer tap .
11. The City and/or it's auditor maintains the right to enter the property to examine the
water use records , the hotel occupancy records and to check water meter readings.
12. The Owner gives the City the right to disconnect the hotel for nonpayment of any tap
fees or sewer treatment fees due the City.
13 . This Agreement shall not be assigned by any party without the prior written consent
of the other and this agreement shall be binding on any successors or assignees .
14. The Owner confirms it has 95 units in this Hotel and agrees that it shall not add
additional hotel units to the City of Englewood's s e wer system without written
approval of the City.
2
15. Any notice required or permitted by this Agreement shall be in writing, and shall be
deemed to have been sufficiently given for all purposes if sent by certified mail or
registered mail, postage and fees prepaid, addressed to the party to whom such notice
is to be given at the address set forth below, or at such other address as has been
previously furnished in writing, to the other party or parties. Such notice shall be
deemed to have been given when deposited in the United States Mail. The notice
shall be sent to:
CITY OF ENGLEWOOD
ATTN: Utilities Department
3400 South Elati Street
Englewood, CO 80ll0
ARAPAHOE CHESTER ES
HOTEL, LLC
1512 Larimer Street -Suite 800
Denver, CO 80202
16. This Agreement represents the entire agreement between the Parties and there are no
oral or lateral agreements or understandings. This Agreement may be amended only
by an instrument, in writing, signed by the Parties. If any provision is found to be
void by a court of competent jurisdiction, no other provision shall be affected by such
holding. All of the remaining provisions shall remain in full force and effect.
1 7. A waiver by any party to this Agreement or the breach of any term or provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach by
either p a rty.
18. The parties hereto warrant that the signatories below have full and lawful authority
to execute this Agreement on behalf of the Owner and the City of Englewood , Colorado.
19. The Parties agree that this agreement shall be recorded in the office of the Arapahoe
County Clerk and Recorder.
IN WITNESS WHEREOF, the parties h ereto have executed this Agreement the day and
year first written above .
CITY OF ENGLEWOOD
Thomas J. Burns, Mayor
Loucrishia A. Ellis, City Clerk
3
ARAPAHOE CHESTER ES HOTEL, LLC,
a Colorado limited liability company
By: Extended Stay General Partner, LLC ,
a Colorado limited liability company, manager
By: Extended Stay Holding Company, LLC,
a Colorado limited liability company , manager
By: Sage Holding Manager, LLC ,
a Colorado limited liability company, manager
By : Sage Management Services, Inc.
a Colorado Corporation, Manager
By~-~i~l:;:,:,~~+-
STATE OF COLORADO )
) SS .
CITY AND COUNTY OF )
DENVER )
On this .:-0\ r-day of \ n .. .1\\v~\),, . , 0l'CQ, before me personally appeare~'X\i..."t\\\ .\J(.\~l . " s,r1:: ~ . J ) \\. (~(' . 1
known to me to be the 0(sc.£~tV~, ~'.\S,r\t-,\."t of Sage Management Services , Inc .,
the corporation that exec~ted the within and foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and deed of said corporation for the uses
and purposes therein mentioned, and on oath stated that he was authorized to execute said
instrument.
4
A TT.. Lf
MEMORANDUM
TO:
FROM: Director of Utilities
DATE: January 24, 2000
RE: Report on MTBE Contamination of Drinking Water
Methyl Tertiary Butyl Ether (MTBE) is used as an oxygenate additive to gasoline to
promote complete burning and reduce emissions. Although some MTBE may enter
surface water supplies from the atmosphere or street run-off, the greatest concern is
leaking underground gasoline tanks which tend to migrate to groundwater supplies
(shallow wells). Englewood's only well is 1350 feet deep and in a protected aquifer.
At this time, MTBE is not considered highly toxic, but much uncertainty exists as to its
potential harmful effects. A substantial amount of research is being conducted on the
potential health risks of MTBE. Much of this research is being conducted by the
American Water Works Research Foundation (A WW ARF). One finding suggests that
photochemical reactions may degrade MTBE in the atmosphere or in shallow surface
water (as in the South Platte River).
A recent article in the Journal of the American Water Wo rks Association concerning
MTBE studies found MTBE in many water supplies. The majority of results were below
concentrations that could be a concern for health effects. However, the fact that any
amount was detected is a concern and has initiated research. The article also reported
that partial removal of MTBE results when the water is treated by activated carbon filters
such as those recently installed at the Allen Filter Plant.
MTBE is considered a semi-volatile organic compound. Routinely, Englewood tests the
water for 55 volatile organic compounds, one of which is not MTBE. Denver Water has
monitored for MTBE and has detected 0.1 parts per billion, far below any cause for
concern. USEPA's MTBE advisory level for taste and odor is 20 to 40 parts per billion.
Englewood 's source is basically the same as Denver's. A program to monitor the
possible presence of MTBE has been planned and will take into co.nsideration all possible
areas where MTBE may be found. The results of this testing will be complete in about
two weeks.
From: ~WWA (303) 79S-1989 01/20/00 12 :40PM To: City of Engle wo od City of Englewood
.,~ American Water Works Association
Oedicoreo ro Sofe Drinking Woreir
PUBLIC AFFAIRS ADVISORY
TO: A WW A Leadership
FROM:
All Utilities r {) / [ JI f.. _ / Jack W.Hoffbubr;/;k · ~
January 20, 2000/ DATE:
Wbo: 60 Minutes
What: Repon on MTBE contamination of drinking water
'\Vhen:Januaryl6,2000
C>03J i 94-77 I I
F-u>-<:1 03> 79 5-1 989
0606 Wesr Quincy Avenuo
Denver CO 80235
On Sunday, January 16, the CBS News show 60 Mm14ft::i broadcast a 25-mmure segmenr
on the contamination of dnnkmg warer wells by methyl ternary butyl ether (MTBE), a gasoline
addni vc that makes gas burn more cleanly. In response, A WW A i ssued the anached press rekase
on Monday , January 17 . Unlit)' members should expect quesnons from local media and
consumers about the1t MTBE lt!vds and treatment methods _
ln addressing these qucsnons , utihty members should mention that the best resean:h
being done on both MTBE contammation and MTBE removal is bt!mg conducted by urilitic:s
thrntselves through A WW A and the American Wat~ Works Assoc 1ation Research F oundat1on
{A WW ARF). In the January Juumul ojAWWA , a srudy conduc~d by environmental scientists
Richard W. Gullick and Ma:rk W . Li:Chevallier on MTBE contamination and trcatml!nt was
published. Tius survey of 19 sta~s found MTBE contanunanon m one out of i:vcry IO wdls
tested and suggested that tlus levd of contamination represents rhe bart: minimum of rhe problem
lfMTBE connnues to be used . Additionally, the A WW ARF has announced three separate
studies -one on the prevalence of MTBE contaminauon around the country and two on possible
treatment methods-it has launched on the issue that will completed over the next few years.
This 1s a grear i:l'.ample of urihties takmg the kad on an impornmt public health Issue that
th~ federal government and ics regulators have overlooked_ It clearly dt:morurraces that utilities
work harder than anyone to ki:ep drinking water supphes clean and safe. A WW A members owe
it to themselves to ensure that the pubhc and the media are aware of this commitment.
A WW A's fuct sheet on MTBE follows the January 17 press rekase.
From : AWWA (303 )79~·1989 Ol /W10 0 l:Z :40PM To : City ofEnglc:wood City of Englewood
.,A American Water Works Association
Deoicorec:t to Sa t e Drinking Woter
FOR IMMEDIATE RELEASE CONTACT :
January 17, 2000
(303J 794-n 1 1
Fox (303J 795-1989
0066 We;t Quincy Avenue
Dl?nver CO 80235
Doug Marsano
(303) 347-6138
GAS ADDJTlV£ POSES THREAT TO PUBLIC DRINKING WATER
AWWA Urges Acuon on MTBE Contamination
(Denver, Colorado}-The Amaican Water Works Assoc1anon (A WW A) today called
for unmcdiate action from the Admuustranon to address contaminated water supplies from the
fuel addmve, mt:thyl tertiary butyl erher (MTBE) .
.. MTBE contammanon presents a real and growing threat to thi: quahry of our dnnking
water resources and public health," said Jack Hoffbuhr, Execunve Dm:ctor of A WW A . ..Thi!
large clean up costs and possible health risks associated wnh MTBE contammanon demand
immediate focus on ways to prl!vent it."
!Xspite irs benefits as a gasollne addmvi:, MTBE in underground tanks has se~ed into
drmkmg W<lti:r wdls m a numba of communines around the country The clean-up cos~ m one
i:ase, in Santa Moni1:a, Ca11fornia, arc pro3ected ro reach $150 million alone . A WWA estimate-::;
that costs to wata unlities nanonwide to prevent, clean up and neat water supphes contaminated
with MTBE could run higher than $1 billion .
The Clean Alr Act of 1990 requires that the gasolme sold in areas whcrc smog levels are
at thell' highest --includmg Los Angeles, New York and Philade lphia-use an oxygenate to burn
fuel more dficiently. To comply with the ox)'gcnate requirement, many gasoline producers have
added MTBE to gasoline, although othc:r additives produce sumlar unprovemenrs 1n air quality .
.. Cenamly, we mU:>t continue to improve our air quality, but not at the cxpense of our
nanon 's dnnklng water," Hoftbuhr said, adding that pro1ect10g water sources is a vital issue for
water utilities.
In July 1999 , a Blue Ribbon panel of ex~ compiled by the U.S. Environmental
f'rotecnon Agi:ncy (USEPA) issued a report that recommended strengthening ex1snng prol:,'!ain!>
to reduce MTBE concaminated drinking wat¢r supphes . Due to env~onmental and health threats
posi:d by MTBE , several states mcluding Cahfom1a and New York have taken steps to reduce or
phase out MTBE use . The Admm1stranon now has an oppomm1ry to ckmand a dramac1c
reduction or ban on MTBE use .
'"A WW A agrees w1t'1 the Blue Ribbon Panel and states from Mame to Cahfom1a : MTB£
usi: must be addressl!d unmed1ately ," Hoftbuhr said ... local wata unlines stand ready to work
w1th thi: Clinton Admmistranon, Congress, state and local government to implement the Blue
Ribbon Panel's findings and prokct dnnkmg water from furtha 1:ontammatron."
The .1m.·r1<1HI lf'111rr War.ts Auoc.ai.01111n<I 1IJ SO. OOl/ m011Mr> .. orA 10 a>Jltf"<'" w/r ruffic:"'11 1 supply ofdt mlc.ng wac•·•
/or Jic pc0pk v/TI•~ U111rcd SioccS. Cat111'111. und Mel.l C:O ~ ~rvi.p l~o<b tJjcrrs 10 CUTWVICc the ><1t11n• l~c:l.nvlvgy. l"<JllSumer
"tt'urert8JI. ,11a11ngl--m~,,, , .. o,rJIT'WJflOll. Md gu'rl"rt'Slllt,,I pollCI~ tt1lt11t:6l 1u tlr.nkf11~ wtller For aaa,1io11aJ utformn10;1J plctuc· ('()IJUU:l
D<R.g Mur1u'IO Ill (3UJ) 347-61 38 or •IS•I OIJ w.11 >•le (d """" U WWfl Oifl
From : AW\VA (303 ) i 95-19 89 011 20/00 12:40PM To : City of Englewood City of Englewood
.,,\ American Water Works Association
Oea1ca1eo To Safe Drit'lking Woter
AWWA FACT SHEET
MTB£
l30'.3J 194-77 11
Fox C303) 795-1989
0000 WesT Quincy Aven ue
Denver. CO 80235
• Methyl tertiary butyl ether (MTBE) is added to gasoline to make 1t bum more cleanly
ana efficiently. It has been added to gasoline since the 1970's to increase octane
levels, but has become more prevalent as an additive to reformulated gas. or RFG.
• U.S . Environmental Protection Agency {USEPA) requires RFG to be sold in areas
with the nation's highest ozone and smog rates. As such , RFG must De sold in
certain areas in the following states: California, Connecticut, Delaware, Illinois,
Indiana, Maryland, New York, New Jersey, Pennsylvania, Texas, Wisconsin .
• Otr1er states have voluntarily used RFG . Those states include Kentucky,
Massachusetts, Missouri, New Hampshire , Rhode Island , Virginia and Washington.
o .c .
• MTBE has been aetectecl in water in a number of places where it is used in gasoline .
It is highly soluble and travels faster and farther in water than other gasoline
components .
• MTBE has a turpentine-like taste and ooor, so even small amounts of MTBE in water
can make water unacceptable for Clrinking .
• At high levels, MTBE may pose a public health threat .
• Information on the extent of water contamination by MTBE rs incomplete . According
to the USEPA, recent studies in the Northeast found detectable levels of MTBE in
about 15 percent of the drinl<ing water sampled; about one percent of the drinking
water had levels above 35 parts per b1Hion. USEPA's MTBE aovisory level for taste
ano odor is 20 to 40 parts ~r billion . ·
• Although some MTBE water contaminat ion comes from car exhaust, leaking storage
tanks are the leading source of MTBE contamination of water.
• USEPA regulations require underground gasoline storage tanks to be leak-proof,
spill-proof, and corrosion-proof. The final deadline for all tanks was December 1998.
USEPA says about 80 percent of regulated tankS are now in compliance .
• Another source of MT8E water contamination is two-cycle engines, sucn as the kind
used in personal watercraft. These engines discharge up to 30 per~nt of tt'leir fuel
unburned . leading ro direcr gasoline contamination of water resources .