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Home My WebLink About2010-04-13 WSB AGENDAWATER & SEWER BOARD AGENDA Tuesday, April 13, 2010 5:00 P.M. COMMUNITY DEVELOPMENT CONF. ROOM ENGLEWOOD CITY HALL 1. MINUTES OF THE MARCH 9, 2010 MEETING. (ATT. 1) 2. CITY DITCH -HURON & OXFORD. (ATT. 2) 3. TAP FEE RATE INCREASE. 4. LETTER FROM ACF PROPERTY MANAGEMENT. (ATT 3) 5. LETTER FROM JOE TOM WOOD TO DENVER WATER DATED MARCH 30, 2010 RE: CHATFIELD RELEASES. (ATT. 4) 6. MICROSCOPIC PARTICULATE ANALYSES. (ATT. 5) 7. UPDATE FROM DAVID HILLS OFFICE DATED MARCH 5, 20 10. (ATT . 6) 8. ARTICLE, "SAVING U.S. WATER AND SEWER SYSTEMS WOULD BE COSTLY." (ATT. 7) 9. OTHER. **NOTE -IT IS RECOMMENDED THAT THE NEXT WATER BOARD MEETING BE TUESDAY, MAY 18, 2010 AT 5:00 IN THE PUBLIC WORKS CONFERENCE ROOM, SOUTH OF THE UTILITIES DEPT.** WATER AND SEWER BOARD MINUTES March 9, 2010 A IT. l The meeting was called to order at 5:05 p.m. Members present: Members absent: Also present: Bums, Clark, Olson, Cassidy, Higday, Wiggins, Woodward, Mc Caslin, Habenicht None Stewart Fonda, Director of Utilities Bill McCormick, Operations Supt. Tom Brennan, Utilities Engineer Bruce Behrer, Engineer, Muller Engineering 1. MINUTES OF THE FEBRUARY 9, 2010 MEETING. The Englewood Water and Sewer Board received the minutes of the February 9, 2010 meeting. Ms. Olson moved; Mr. Habenicht seconded: Ayes: Nays: Members absent: Abstain: Motion carried. To approve the minutes of the February 9, 2010 meeting as written. Clark, Olson, Cassidy, Wiggins, Woodward, Mccaslin, Habenicht None None Higday, Burns 2. ALUM RESIDUAL DISPOSAL. Alum residuals are produced by the settling process and filter backwashing at the Allen Filter Plant. Residuals build up in the washwater reservoir and the settled solids are pumped out by the sludge handling barge. This process allows us to stockpile up to 2,000 cubic yards ofresiduals annually. The dewatering process concentrates a naturally occurring radioactive material that falls under State Health Department requirements with EPA guidelines. To properly dispose of residuals resulting from normal sludge removal operations at the Allen Filter Plant, the disposal site must be approved by the State Health Department as an allowed site. Bids were received from three State approved vendors. CDM r eviewed the bids and did a technical evaluation deeming E.T. Technologies the lowest, acceptable bid at $83,520.00 for one year's production (1,600 yards). Mr. Habenicht moved; Mr. Wiggins seconded: Ayes: Nays: Members absent: Motion carried. To recommend Council approval of the proposal for the Allen Water Filtration Plant residuals removal and disposal to E.T. Technologies, Inc. in the amount of $83,520.00 for disposal of approximately 1,600 cubic yards of production. Burns, Clark, Olson, Cassidy, Higday, Wiggins, Woodward, Mccaslin, Habenicht None None 3. PURCHASE OF LOADER/BACKHOE. The proposed loader/backhoe is the primary piece of equipment used for excavating dirt and fill for water, sewer and stormwater projects. The proposed backhoe will have quick- detaching features that will combine the hydraulic breaker and the hydraulic compactor. The purchase is to replace the existing 13-year old unit acco rding to the CERF replacement schedule. Bids were received from two vendors , with Wagner Equipment the r ecommended bidder at $121 ,450.00 . Options for the hydraulic breaker ($23,925.00) and a hydraulic compactor ($7 ,910.00) were added at the Utilities Department's expense, for a total of $153,285 .00. Ms . Cassidy moved; Mr. Higday seconded: Ayes: Nays: Members absent: Motion carried. To recommend Council approval of the purchase of a new rubber-tired loader/backhoe from Wagner Equipment Company in the amount of $121,450.00 with additional options for a total of $153,285.00 . Burns , Clark, Olson, Cassidy, Higday, Wiggins, Woodward, McCaslin, Habenicht None None 4 . WATER METER ANDERT PURCHASE. The Utilities Department purchases water meters needed for an entire year by requesting one large bid proposal for additional cost savings. A portion of these meters will be resold to Englewood customers for new installations as part of the flat-rate-to-meter convers10n process. Some of the meter stock will be used to replace inactive poorly functioning meters. Englewood 's meter and electronic remote transmitters (ERT) order is being placed in conjunction with Denver Water Board's meter bid for the best quantity price. Meter and ERTs will be purchased from National Meter & Automation for the amount of $46,601.10 . Mr. Bums moved; Mr. Higday seconded : To recommend Council approval of the purchase of water meters and electronic Ayes: Nays: Members absent: Motion carried. remote transmitters (ERT's) from National Meter and Automation, Inc. in the amount of $46,601.10. Burns, Clark, Olson;Cassidy, Higday, Wiggins, Woodward, McCaslin, Habenicht None None 5. LETTER OF COMPLAINT FROM 2844 E. NICHOLS CIR. Mr. Paul Howald of 2844 E. Nichols Circle in Centennial, CO sent a letter protesting his sewer bill increase. His letter contained some inaccurate assumptions and negative comments toward Englewood's government. John Bock responded with a letter and explained the charges on his bill. The Board received a copy of this letter to show an example of letters that are occasionally received by the department. 6. WATER RIGHTS UPDATE FROM DAVID HILL DATED FEBRUARY 5, 2010. The Board received from David Hill, Englewood's Water Attorney, a water rights update dated February 5, 2010. Stu noted developments in water litigation cases in which Englewood is involved. 7. GUEST: BRUCE BEHRER -MULLER ENGINEERING COMP ANY CITY DITCH AT HURON COURT. Mr. Bruce Behrer appeared before the Board to discuss Muller Engineering's report and recommendation on alternatives to piping the City Ditch at Huron Court. He noted that the City Ditch in this area is currently an earth lined channel that is sloughing along the east bank, which is evidence that the bank is unstable. His report also notes that further degradation could include roadway failure and leaking through the bank on the west side caused by roots and wildlife. Options discussed were piping, a concrete lined low flow channel and constructing a wall along the east side of the ditch. Mr. Behrer discussed cost, bank stabilization, potential bank failure, water loss and, most importantly, public safety. Mr. Fonda emphasized his primary concern is the potential for a child to be trapped and drowned in the open channel during a sudden storm event, along with the existing danger of homes flooding below the ditch. Due to required ditch bank grades in an open channel, a child might not be able to safely exit the ditch. A stormwater inlet that comes into the ditch at this location can reach a depth of 6'. The Board also received a memo from Mr. Fonda to the Board stating that the Water Department staff and Muller Engineering recommend the closed conduit pipe option. The recommendation is based on the lower cost and safety issues presented in the report. Mr. Fonda directed that a copy of Muller's report and his memo be sent to parties that appeared at previous Water Board meetings regarding this issue. This issue will be discussed at the next meeting. The meeting adjourned at 5:55 p.m. A citizen appeared after the meeting had adjourned and submitted a petition to keep the City Ditch open at the City Ditch and Huron Court area. The next meeting will be Tuesday, April 13 , 2010. Respectfully submitted, Isl Cathy Burrage Recording Secretary WATER AND SEWER BOARD PHONE VOTE March 15, 2010 A phone vote was taken from the members of the Englewood Water and Sewer Board for the March 9, 2010 . Mr. Cassidy moved: Mr. Wiggins seconded: Ayes: Members abstained: Members not reached: Nays: Motion carried. To recommend approval of the March 9, 2010 Water and Sewer Board minutes. Cassidy, Wiggins, Habenicht, Bums, Clark Higday, Olson None Woodward, McCaslin None The next meeting will be held April 13, 2010 at 5:00 p.m. in the Community Development Conference Room. Respectfully submitted, Isl Cathy Burrage Recording Secretary AT T. 2. MEMORANDUM TO: Englewood Water Board FROM: Stewart DATE: March 9 , 2010 RE: City Ditch at Huron Court The Muller Engineering report presents three alternatives for resolving problems with the City Ditch along Huron court. The Water Department staff recommends that the closed conduit pipe option recommended by Muller Engineering be installed this in the fall. Staff's recommendation is based upon the lower cost and the safety i ssues presented in the report. ~ Of primary concern is the potential for a child to be trapped and drowned in the open channel during a sudden storm event. Additionally, the open channel presents a danger of flooding to the homes below the ditch. In either event litigation could be extensive. March 8, 20 l 0 Mr. Bill McCormick City of Englewood I Operations Superintendent 1000 Englewood Parkway Englewood, CO 80110 Re: City Ditch at Huron Court MEC Project Number: 10011.01 Muller Engineering Company, Inc. Consulting Engineers 777 S. Wadsworth Blvd .. Ste. 4·100 Lakewood, Colorado 80226-4355 TEL (303) 988·4939 FAX (303) 988 ·4969 w1w1.mullereng.com Muller Engineering completed an evaluation of the alternatives for the City Ditch along Huron Court. The ditch is currently an earth lined channel that has experienced some sloughing along the east bank as shown below, which is evidence that the bank is not stable. Further degradation could include failure of the roadway subgrade in the future. Other issues include the potential for the ditch to leak through the embankment along the west side that can be caused by many things such as old root masses that decompose and/or wildlife activity. We believe the City's concern toward this section of ditch and determining a plan to stabilize this section of the ditch is wruTanted. The first task was to assess the site conditions and detem1ine several options to stabilize the area. Muller Engineering looked at three options to stabilize the ditch through this area. They include a pipe, a concrete lined low flow channel section, and utilizing a wall along the east side of the channel. The evaluation of these alternatives includes conside1ing the following factors as pa1t of'the process . These factors include cost, bank Mr. Bill McC01111ick March 8, 20 I 0 Page 2 stabilization, potential for ditch embankment failure, leaking/infiltration water loss and public safety. · DESCRIPTION OF ALTERNATIVES Pipe Option The option to pipe the ditch through this section would require removing flared end section at the downstream connection point and extending the pipe upstream using reinforced concrete pipe, building an inlet at the junction point with the existing rundown to capture the street rnnoff, extending the pipe system upstream to tie into the existing pipe across Oxford. Concrete Lined Low Flow Channel Section The use of a concrete lined low flow cham1el will stabilize the ditch banks. For this analysis a 6 foot flat bottom with 3-foot vertical side walls were used. The ditch would tie into both ends of the pipe systems. The rundown from Huron Street would need to be tied into the ditch section. Utilize a Wall (along the east side of the ditch) Utilizing a wall along the east side of the channel to stabilize the east ditch bank. For this evaluation we looked at two separate types of walls; the first being a double stacked boulder edge wall, and the other being a ~tructural concrete retaining wall. The wall option would also need to be tied into the rundown section from Huron Street. EVALUATION OF ALTERNATIVES An evaluation of alternatives was completed by looking at a cross section of the ditch at Station 2+50, which is where the concefl_1s are exemplified. This cross section was then evaluated by incorporating each of the three alternatives and looking at the resulting section~ A conceptual level opinion of Probable Cost Spreadsheet was produced. Then an Evaluation Matrix was produced to compare some of the issues that needed to be ev~luated. Based on the evaluation the East Side Wall concept drops out of consideration very quickly, since its cost is as high as the low flow structural concrete option, and really doesn't address some of the other issues that were evaluated. When compating the pipe option to the structural concrete low flow channel, there are a few factors that stand out. The opinion of probable costs of the two options indicates that the closed conduit option ($SOK) is approximately 60% of the cost of the low flow channel option ($80K). The east bank above the low flow channel will still be very steep, which is unsatisfactory for nonnal revegetation practices. We looked at shifting the horizontal alignment of the cha1mel to improve the slope, and even then, the east bank Mr. Bill McCormick March 8, 2010 Page 3 slope will be steeper than a 2 to 1 slope. The fill placement for the pipe option will allow the area to have stable slopes that can be revegetated using normal revegetation practices. The public safety issue is of paramount importance. With the concrete low flow channel, the east overbank will still be very steep, which means there is a risk of someone slipping or sliding into the ditch. Generally, the sole risk to public safety for the pipe option is the fact that a longer conduit would be the result, so if someone were caught in the flow of the ditch and could not get out, they could be routed through the pipe a longer distance than exists today. The pipe option would remove the north most pipe entrance, thus reducing the quantity of pipe entrances in the area to one, which is a 50% reduction. The other benefit to public safety is that the exposure to the open channel area is reduced by approximately 280 feet. Based on all of the info1mation gathered and evaluated , the closed conduit reinforced concrete pipe option is the option that Muller Engineering Company recommends . Please feel free to call me if you have any questions regarding our study. Sincerely, MULLER ENGINEERING COMPANY , INC. Brnce Behrer, P.E. Principal Engineer Attachment -Plan View, Schematic Cross Sections, Opinion of Probable Cost Spreadsheet, and Evaluation Matrix ~ .,,..---t--__,,. SC.LL.£· ! ..... 40° COl'l:iOUliS.1 • i">-r-- ====== SOUTH CITY DITCH BANK IMPROVEMENTS 4100 BLK. S HURON COURT J ANUAR Y · 2005 =========·-·==========================~ ·r~r r-r r T ··: ·: · , .. ·;-·-r·---··r ··· ~a~] w:;r, ' l F't.l:Jil . lilt£ t1ti•· -~~· . ·Jt-~ .. l L ·; ~ . -: ··i·-·-·· ···~--· -·~--.. , ;f~ ILOW l.ltfE ... oa [Ill.ST ' =..-1·'-i--.. . ··.:..:!-l I I -·-1 .. J i : l ' ' I : .. L .1 i·~··.--::··-:·-:··-· '···: ·' Lj' . r=-1 .. I : .•. ·:=i···-o··-f·--'·--L ... ··-j--··· . i . I .-: : [._,_.I '. v ' T ·--.. , ' . : . i . . ::.1 . . . l S1• 0.00 STA !•00 ~ SlA 0*5o ~lA. t•l!:O D1TCH X·SECTIC.'IS SCAt.t:; "l"J 1•.-4• :--·----""---------·--··----------·---~ :::r r\.OW \.~( 3'-" F £S/11'1'l U4Z.6 3 \Q&: (A.ST j --··· • f • i • I i~1':: .. :.i -! i . ; . : • : . . S.TA C'·OO sn2•S'J -------·----·. -----·-.......... --. ··-·+ I ''f- i I ··--·---1 ' ·I ., ... ~ ... -····· ... ...I Prepared By : B '/J 8 ¥ / :z: I 9-I ci) \;;; I ~ I I . Muller Engineering Company, Inc. DESIGN NOTES AND COMPUTATIONS (l \J) ..J 'U Checked By: __ _ \ -~ '\ '\ ' ' ~ {...J ~ j G1 ~- ~ \I) ~ Dale: __ _ ~ 'l I I I + IQ ~ ~ Sheet No . __ Of __ Project No·.: I 0 -D \ l , 0 \ () \,') i rv Muller Engineering Company, Inc. DESIGN NOTES AND COMPUTATIONS 3G-tt.ilH 12.Cf' CoNDun~ Subject: C a Y U 1 TC H AT S:. l-/ tJ f?D'4 C 11 ud Shee t No . __ Of __ Prepared By: '8 ~ B Checked By : __ I '>. I '>- / ' I I I ,, Da te: __ _ Project No:: I 0 -D \I .o \ Muller Engineering Company, Inc. DESIGN NOTES AND COMPUTATIONS R~ lfJ r-'fJ P..{". {~ t' (.Of...JC e~r-rn~:. f ' t It: '·1/J t .' (, Subject : Cay V1TGH AT s;, t/v&.D'l-1 Covd· Sheet No . Of Prepared By : E fJ B Checked ~y: __ _ .¥, z: ~ <:D \i) ~ f I \ I I I~ . f\'1;31 (\ N Vl~ --=zi-'.3-tJ--.---.~__,__..__ \II I I I I I I . \t) ~ \/) m ..J '-0 Date : __ _ Project No·.: i 0 -D \I .o \ t:J ~ ~ Pipe Option 36-lnch RCP Type D Inlet Backfill Required Subtotal 25% Contingency Total City Ditch at Huron Street 8-Mar-10 Quantity Units 285 LF 1 EA 684 CY Concrete Low Flow Channel Structural Concrete 94 CY 25% Contingency Total Wall along East Side Section Wall Cost 285 LF 25% Contingency Total Unit Cost Cost 100 $28,500 5000 $5,000 10 $6,840 $40,340 $10,085 $50,425 700 $65,835 $16,459 $82,294 220 $62,700 $15,675 $78,375 City Ditch at Huron Street Evaluation Matrix 8-Mar-10 Alternative ID Cost · Stabilizes Banks Prone to Embankment Failure Leaking/ Infiltration Water Loss Publlc Safety 36~1nch Reinforced Concrete Pipe SOK Excellent No Very Minimal Concern Good Structural Concrete Low Flow Channel SOK Fair (E. Bank still steep) No Minimal Concern Fair Wall along East Side 78K Fair (W. Bank unchanged) Yes A Real Concern I No Improvement Poor .April2,2010 In regards to: City Ditch, 4100 Block of S. Huron Street Englewood Water and Sewer Board 1000 Englewood Parkway Englewood, Colorado 80110 Dear Englewood Water and Sewer Board, Alisa Osemwengie 4140 S Huron Street Englewood CO 8011 O We understand that you are planning to make a decision about the portion of the city ditch along the 4100 block of S. Huron Street at your next meeting on April 13, 2010. We would like to issue an open invitation for you to experience the unique beauty of the ditch in our little slice of heaven before making your decision. Please visit at your convenience any time between now and the April 13 meeting, and feel free to drop in for a cup of coffee or tea while you are here. One of us is always home. Sincerely, Norman Henry Alisa Osemwengie Austin Osemwengie 4140 S Huron Street Englewood CO 80110 303-781-3532 . . . . . . . . . . . . . . . . . . . . . . . . . . . . ACF Property Management, 12411 VENTURA BOULEVARD A -r r. 3 Inc. STUDIO CITY, CALIFORNIA 91604 • (818) 505-6777 FAX (818) 505-6778 March 1, 2010 City of Englewood Water and Sewer Board ATTN : Cathy Burrage, Recording Secretary 1000 Englewood Pkwy Englewood, CO 80110 RE: Account Number 00031038-36670085052 Dear Ms. Burrage, I represent ACF Property Management Company, the property manager for the retail shopping center known as Arapahoe Marketplace 03 , LLC located at 9505 E. Arapahoe Rd ., which manages this property on behalf of the owners of the property. On February 19, 2010, we just became aware of the annual sewer charges that had not been paid for 2008 and 2009. Prior to 2008, these charges were being paid by a former tenant, BEP Colorado Restaurants, LLC, who vacated and filed bankruptcy in 2008. ACF Property Management did not have any knowledge of this sewer charge since the bills were being sent directly to BEP Colorado Restaurants. We understand that we are responsible to pay the 2008 and 2009 sewer charges and payment of these charges is being sent. However, included on the bill for the 2008 and 2009 sewer charges is a $684.89 late fee. ACF has an excellent payment history with the City of Englewood with this property and other properties we manage in the City of Englewood. We are requesting that this $684 .89 late fee be waived . Please keep in mind we were absolutely unaware of these charges until February , 2010. There are other annual sewer charges already paid for by this property. Enclosed is a copy of the bill for the 2008 and 2009 sewer charges we just received which still shows BEP Colorado Restaurants name and billing address. The billing information has been corrected with the City of Englewood so that the annual sewer bills will now be sent to ACF Property Management. We appreciate your time to read and assistance in waiving the $684 .88 late fee . Thank you . Sincerely, Dante Valerio Accounts Payable 12411 Ventura Blvd., Studio City, CA 91604 TEL (818) 505-6777 FAX (818) 505-6778 FEB-19-2010 FRI 04:11 PM UTILITIES FAX NO. 3037836894 P. 02 ~, CITY OF ENGLEWOOD BILL NUMBER 863396 MAKE CHECK OR MONEY ORDER PAYABLE TO: ENGLEWOOD CIVIC CENTER• 1000 !Onalewood Pkwv. •r::nolewood CO 8 0110 CITY OF ENGl..EWOOD. THERE WILL BE A $25.00 CHARGE ON ALL RETURNED CHECKS. ACCOUNT NUMBER BILLING DATE DUE DATE 00031038 10/01/2009 11/14/2009 36670085052 BEP COLORADO RESTAURANTS LLC 304 INVERNESS WAYS STE 305 ENGLEWOOD CO 80112-5840 $5,063.38 SERVICE LOCATION · 8505 E ARAPAHOE RD WHEN PAYING BY MAIL INCLUDE TOP PORTION OF BILL WITH FULL PAYMENT. ACCOUNT NUMBeR SERVICE LOCATION 00031038-36670085052 8505 E ARAPAHOE RD BILLING DATE DUE DATE PREVIOUS READING PRESENT CONSUMPTION 10/01/2009 11/14/2.009 0 0 0 TYPE OF SERVICE . FROM SERVICE DATES TO AMOUNTS PREVIOUS BILLING SEWER CYCLE BILLING FOR 2009 TES RECOVER LATE FEES WATER CHARGE SEWER CYCLE BILLING IBA CYCLE BILLING SOUTHGATE SANITATION B IL LING COMMENTS 10/01/2009 10/01/2009 10/01/2009 10/01/2009 PLEASE WRITE THE ACCOUNT NUMBER ON THE PAYMENT CHECK. PLEASE ENCLOSE THE TOP PORTION OF Tl-IE BILL WITH THE FULL PAYMENT. 10/01/2010 09/30/2010 09/30/2010 09/30/2010 TOTAL AMOUNT DUE 2900.88 163.91 684.89 0.00 1279.56 13 .1 8 20.96 $5,063.38 WATER CONSUMPTION HISTORY DATE DAYS USAGE PAYMENTS DUE IN FULL. IF PAYMENT ARRANGEMENTS ARE NECESSARY, PLEASE CALL (303) 762-2635 PLEASE SEND PAYMENTS AND ANY INQUIRIES TO: · ENGLEWOOD UTILITIES DEPT., 1000 Englewood Parkway, Englewood, CO 80110. UilLITIES DEPARTMENT 303-762·2635 CONCRETE QUESTIONS . 303·762-2360 BILL NUMBER FEB-19-2010 FRI 04:11 PM UTILITIES FAX NO. 3037836894 P. 03 ~' CITY OF ENGLEWOOD BILL NUMBER 773297 MA.Kl!: CHECK OR MONEY ORDER PAYABLE TO : ENGLEWOOD CIVIC CENTER* 1000 Eni:i ewoo dPkw •i;o I '"-na1awoo d co eo110 Cl"!Y OF ENGLEWOOD. THERE WILL BE A $25.00 CHARGE ON ALL RETURNED CHECKS . ACCOUNT NUMBER BILLING DATE DUE DATE 00031038 36670085052 10/10/2008 11/15/2008 BEP COLORADO RESTAURANTS LLC 304 INVERNESS WAYS STE 305 ENGLEWOOD CO 80112-5840 $2.900.88 SERVICE LOCATION 8505 E ARAPAHOE RD 1~111111~m11111~~~111~11~11 ~11 ~1r11~111 1111 11~~1~~111 1 ~1~1 11~1111 11 ~1 1~1!~11~111 1 1 ~111~1 ~11 a a a 3 1 o 3 a 3 6 6 7 o o a s o s 2 o o o 2 9 o o a a WHEN PAVING SY MAIL INCLUDE TOP PORTION OF BILL WITH FULL PAYMENT. ACCOUNT NUMBER SERVICE LOCATION 00031038-36670085052 8505 E .ARAPAHOE RD BILLING DATE DUE DATE PREVIOUS READING PRESENT CONSUMPTION 10/10/2008 11/15/2008 0 0 0 TYPE OF SERVICE FROM SERVICE DATES Tl) AMOUNTS PREVIOUS BILLING PAYMENT -THANK YOU WATER CHARGE SEWER CYCLE BILLING IBA CYCLE BILLING SOUTHGATE SANITATION BILLING COMMENTS 10/01/2008 10/01/2008 10/01/2008 10/01/2008 PLEASE WRITE THE ACCOUNT NUMBER ON THE PAYMENT CHECK. PLEASE ENCLOSE THE TOP PORTION OF Tl-IE BILL WITH THE FULL PAYMENT. 10/01/2009 09/30/2009 09/30/2009 09/30/2009 TOTAL AMOUNT DUE 3111.42 -3111.42 0.00 2739.54 141 .14 20.20 $2~900,88 WATER CONSUMPTION HISTORY DATE DAYS USAGE PAYMENTS DUE IN FULL. If PAYMENT ARRANGEMENTS ARE NECESSARY, PLEASE CALL (303) 762·2635 PLEASE SEND PAYMENTS AND ANV INQUIRIES TO: ENGLEWOOD UTILITIES DEPT., 1000 Englewood Parkway, Englewood, CO 80110. UTILITIES DEPARTMENT CONCRETE QUESTIONS BILL NUMBER 303-762-2635 30~-762-2360 FEB-19-2010 FRI 04:10 PM UTILITIES FAX NO. 3037836894 Alll\\ : DANT£ Created Date!Tirns: 02/19/2010 04:16 :39 PM Customer Number: 00031038 Account Number: 36670085052 ---,i,,..., Service Address: 8505 E ARAPAHOE RD Mailing Address : BEP COLORADO RESTAURANTS LLC 304 INVERNESS WAYS STE 305 ENGLEWOOD CO 80112-5840 Customer/Account Transaction History if.;fty of Englewood Utilities Department )'1[100 Englewood Parkway 5ng1ewoocl CO 801 lO ANY QUESTION, PLJ::ASE CALL AMY@ 303. 762,2385 Trans Date Transaction Amount Balance 10/1/2009 0:00 Cycle Billing Due: 11/14/2009 5/12/2009 0:00 Sewer Charge Recover 09 rates 5/1 /2009 0:00 Sewer Balance Late Fee 10/10/2008 0:00 Cycle Billing Due: 11 /15/2008 10/22/2007 0:00 Payment 10/1/2007 0:00 Cycle Billing Due: 11/15/2007 $1,313.70 $5,063.38 $163.91 $3,749.68 $684 .89 $3,585.77 $2,900.88 $2,900.88 ($3, 111.42) $0.00 $3, 111.42 $3, 111 .42 P. 01 Mr. Larry Dirks , P .E. Denver Water Department 1600 West 12th Avenue Denver, CO 80204 Dear Larry, April 2, 2010 A -r 1. 17- Martin and Wood Water Consultants, Inc. 602 Park Point Drive, Suite 275, Golden, CO 80401 Phone : (303) 526·2600. Fax: (303) 526-2624 www.martinandwood .com Re: Chatfield Releases and Englewood's Associated Water Quality Problems I am writing this letter in an attempt to revive our negotiations concerning the water quality problems that occur when Denver's diversions reduce the flow of water from Chatfield Reservoir. We have had so many discussions on so many points that it is difficult for me to know exactly where we all stand on these matters. To get us restarted, I'd like to review the problem, its causes, the history of our negotiations, and my understanding of our sticking points. Following that, I'd like to outline Englewood's final offer. Englewood diverts its primary raw water supply out of the South Platte River at its Union A venue Intake approximately six miles downstream from Chatfield Reservoir. When water flow from Chatfield is reduced to . low levels, Englewood experiences high hardness levels and other deleterious effects in the water of the South Platte at Union A venue. When the hardness levels are high and the river water is not diluted, scale grows on the interior of pipes, dishwashers fail to clean properly, and washing machines do not work without a great deal of additional soap. The additional soap adds to the phosphate discharged into the river through wastewater treatment plants. Also, when the water flow from Chatfield is significantly reduced, the raw water that Englewood diverts at Union Avenue is laden with algae which causes taste and odor problems. We have already shared with you Englewood's data and analysis that directly correlate Englewood's water quality problems with times when water releases from Chatfield are very low or non- existent. Denver's exchanges result in significantly more frequent events when flows are reduced or non-existent. In the past Englewood has redirected some of its water resources to dilute the hard water and render it acceptable for use in Englewood's · water system. However, recent Mr . Larry Dirks, P .E. April 2, 2010 Page2 developments associated with Chatfield Reservoir are likely to overwhelm Englewood's ability to adapt to the diminishing quality of the water in the river. Denver's new multimillion dollar pumping station in Chatfield Reservoir will allow Denver to maintain the water level below the flood pool level set by the U.S. Army Corps of Engineers and thus further reduce releases to the river below Chatfield. Also, Denver's downstream gravel pit storage reservoirs will provide Deriver with 30,000 acre feet of exchange capacity that will allow it to divert even more water at or above Chatfield at all times of the year, greatly reducing downstream releases. It would take significantly more water for Englewood to dilute its Union A venue intake diversions on a year-round basis, as Denver increases the frequency and amounts of its exchanges. As David Hill outlined in his letter to Patricia Wells in August 2009, Englewood believes that many of the .construction activities Denver conducted in pursuit of its water projects were improperly permitted by the U.S. Army Corps of Engineers under the Clean Water Act. The temporary pump in Chatfield, the permanent pump in Chatfield, the new diversion at the Kassler Filter Plant Flume dam, and the expansion of the Fulton Ditch headgate were all approved with 404 permits that don't seem to meet the standards defined by the regulations. Englewood is greatly concerned that federal and state agencies approved Denver regulatory requests without any substantive scrutiny or opportunities for public input. This latter deficiency limited Englewood's ability to raise the issue of water quality at the appropriate point in the decision-making process. Larry, if you or anyone at Denver believes that Englewood's position is in error with respect to these 404 permits, we would appreciate a letter setting forth Denver's reasoning. If there is a reason why the Corps of Engineers did not err in issuing these permits, we need to know what it is as that may resolve the issue with our Water and Sewer Board. If, however, the Corps of Engineers did err, Englewood should not be required to bear the problems associated with the deterioration of water quality and mitigation by Denver would be appropriate. Denver's expansion of the Fulton Ditch headgafo allows it to_ divert water into its downstream gravel pit reservoirs. These reservoirs will allow Denver to divert more water at or above Chatfield Reservoir and keep the Chatfield outlet gate . .closed more often. While Englewood understands · Denver's need for additional exchange capacity, Englewood does not believe that exchanges from the gravel pit reservoirs to Chatfield or other upstream reservoirs are appropriately decreed under Denver's senior CA-3635 or W-8783-76 exchange rights. None of these sources of supply appear _to have been within Denver's contemplation when it squght the original exchange decrees in 1968 (CA-3635) and 1977 (W-8783-76). Generally, the Corps of Engineers permits water projects without consideration of associated water rights issues. However, Englewood believes that Denver's activities within Chatfield are so tightly intertwined with South Platte River water rights that the Corps of Engineers must look at their combined impacts on water quality when it reviews current and future projects involving the South Platte. In an effort to address these issues, last year you and I, upon direction from Chips Barry and Stu Fonda, discussed several solutions that would solve Englewood's water quality Martin and Wood Water Consultants, Inc. Mr. Larry Dirks, P .E. April 2, 20 IO Page3 problems and allow Englewood to get out of the middle of Denver's water planning process. The gist of the proposed solutions was that, when Englewood was not able to dilute the hard water in the South Platte to a sufficient level with its own water resources, Denver would release up to 3 cfs of reusable water down City Ditch such that Englewood could use it to dilute the hard water in the river and then release Denver's water back to the South Platte for Denver's use downstream. Englewood estimated that the total volume of water needed from Denver on a yearly basis would only be about 900 acre feet. If Denver does not have sufficient reusable water in Chatfield to make this release to Englewood, Englewood would be willing to pay Denver $250 per acre-foot for single- use water. After several rounds of negotiation, Denver responded by noting its self-imposed prohibitions on long-term contracts and on the leasing of water without charge. Thank you for sharing with me the relevant provisions of the-Denver City Charter. However, it appears that Englewood's payment for the dilution water is not mandatory, based on the provision that allows cooperative actions in which Denver assumes a major financial role. In addition, I am bewildered as to how Denver can provide 5,000 acre feet of reusable water per year to FRI CO and others in settlement of litigation without any other payment to Denver, yet Denver fmds it untenable to provide up to 900 acre feet per year to Englewood unless Englewood pays Denver a system development charge of some $8,000 per acre-foot. Note that any reusable water that Englewood would be using is not being fully consumed by Englewood; it is merely being routed through City Ditch and Englewood's water system before it is returned to the South Platte and sent on its way to Denver's downstream diversion points. Englewood is not actually consuming any of this water because it is making up for any augmentation requirements and stream losses incurred by Denver. Englewood is also willing to pay a reasonable $250 per acre-foot delivery charge for single-use water if Denver runs out of reusable water in Chatfield. Thus it is hard to see why the lease requirements in the Charter apply to this agreement. It seems like it would be in both Denver's and Englewood's interests to resolve these issues with a negotiated settlement rather than to litigate Denver's projects and Denver's exchange cases. To that end, Englewood has put together its best and final offer for your · .consideration .. The main points of this .offer. are as follows : ·~-. · • First, Denver provides up to 900 acre feet per year as necessary to keep Englewood's hardness below 250 ppm when blended with South Platte water, assuming Englewood makes maximum use of its Bear Creek water and the hardness of that water is below 250 ppm. Englewood diverts on its McLellan rights at Chatfield to the maximum extent in priority at the time, and Englewood operates its 90CW220 exchange right to the maximum extent in priority at the time, but not so as to cause Englewood's hardness to exceed 250ppm. • Second, the water described above is released by Denver down City Ditch. Englewood will account for any ditch losses within City Ditch or adequately line the affected portions of City Ditch to prevent such ditch losses. Martin and Wood Water Consultants, Inc. Mr. Larry Dirks, P.E. April 2, 2010 Page4 • Third, if the water is reusable, Englewood will make up 1) ditch loss, and 2) Englewood's consumption. Consumption during November through March is . agreed to be five 'percent (assumed winter use with no outside use). Consumption for releases made during the rest of the year will be based on a monthly consumption estimate to be provided. No payment is required for reusable water. • Fourth, if Denver does not have reusable water available in Chatfield, Denver will charge Englewood no more than $250 per acre-foot for any single-use water delivered as described herein. Englewood will not make up ditch losses or consumption for single-use water. • Fifth, Denver will allow Englewood to exercise its 90CW220 exchange to City Ditch at Chatfield to the extent of 227 acre feet total during the May to October period each year. • Sixth, Englewood will dismiss its 9bjections to the exchange aspects of Denver's pending water cases. • Seventh, Englewood will not complain about the 404 permit issues with respect to the Fulton Ditch Headgate expansion, the Kassler Filter Plant Flume diversion, or the Chatfield pump stations, all of which Englewood fears will exacerbate the problems described above. Larry, it has been a pleasµre to work with you on these issues. I hope that we can resolve them outside of the court system. Please consider Englewood's offer and talk with the . other folks at Denver Water. Englewood needs a response by June 15, 2010. cc: Stuart Fonda Dan Brotzman Patricia Wells Chips Barry David G. Hill Jon Banashek Ann Rhodes Sincerely, MARTJN AND WOOD WATER CONSULTANTS, JNC. Jo!f3~oo1 President Martin and Wood Water Consultants, Inc. A -rr. S MEMORANDUM TO: Englewood Water and Sewer Board FROM: Jason Clark, Water Production Supv. DATE: April5,2010 RE: Microscopic Particulate Analyses Chart The attached Microscopic Particulate Analysis Chart shows the results of required State testing. A major objective of the Allen Filter Plant is to remove particulates that can be disease causing pathogens like cryptosporidium, giardia and algae. Three parts comprise the testing process to verify plant optimization. First is the turbidity measurement, which indicates particles in the raw water. The Allen Plant goal has been to be below .1 ntu, 95% per monthly testing period. State regulations require .3 ntu, 95% per monthly testing period. Second, is particle counting which measures the size of particles in the water. Particle counts have been reduced by at least 50% from previous years. Third is the MP A testing, which measures the removal of particles in the water from the raw to finished water. MP A is the final test, incorporating the first two, to measure the performance optimization of the plant. Particulate removal results in pathogen reduction, which is shown in the 3-Log Reduction area of the chart. The 3-Log Reduction rule requires a 99.9% removal of particles. New processes at the Allen Filter Plant were optimized that give us another barrier to pathogens. The goal of the Allen Filter Plant is to meet and exceed State requirements. Utilizing existing equipment and reevaluating operational procedures has resulted in a greater than 99.99% particulate removal, as shown on the February 16, 2010 section of the MPA chart. Microscopic Particulate Analyses 15-0ct-08 Percent Log Reduction Red uction 17-Nov-09 Percent Log Reduction Reduction Centrifugate Removal 99.54 2.3 Centrifugate Removal 99.72 2.6 Microorganism Removal 94.14 1.2 Microorganism Removal 99.72 2.6 I 16-Feb-10 Percent Log Reduct ion Reduction Percent Log Reduction Reduction Centrifugate Removal >99 .98 >3.8 Centrifugate Removal Microorganism Removal >99.99 4.1 Microorganism Removal Percent Log Percent Log Reduction Reduction Reduction Reduction Centrifugate Removal Centrifugate Removal Microorganism Removal Microorganism Removal Percent Log Percent Log Reduction Reduction Reduction Reduction Centrifugate Removal Centrifugate Removal Microorganism Removal Microorganism Removal Percent Log Percent Log Reduction Reduction Reduction Reduction Centrifugate Removal Centrifugate Removal Microorganism Removal Microorganism Removal Percent Log Percent Log Reduction Reduction Reduction Reduction Centrifugate Removal Centrifugate Removal Microorganism Removal Microorganism Removal Percent Log Percent Log Reduction Reduction Reduction Reduction Centrifugate Removal Centrifugate Removal Microorganism Removal Microorganism Removal Percent Log Percent Log Reduction Reduction Reduction Reduction Centrifugate Removal Centrifugate Removal Microorganism Removal Microorganism Removal Microscopic Particulate Analyses 12-Sep-74 Percent Log Reduction Reduction 31 -Jul-94 Percent Log Reduction Reduction Centrifugate Removal 94.4802 1.818 Centrifugate Removal 86 .1878 0.86 Microorganism Removal 93 .0513 ' 1.158 Microorganism Removal -5.6369 ·0.024 12-Sep-95 Percent Log Reduction Reduction 16-Sep-96 Percent Log Reduction Reduction Centrifugate Removal 99.7902 2.686 Centrifugate Removal 99 .2000 2.097 Microorganism Removal 98 .9242 1.968 Microorganism Removal 98.5582 1.841 30-Nov-97 Percent Log Reduction Reduction 13-0ct-98 Percent Log Reduction Reduction Centrifugate Removal 99 .9231 3.114 Centrifugate Removal 99 .6774 >2.491 Microorganism Removal 99 .5200 2.319 Microorganism Removal 99.5138 2.313 9-Feb-99 Percent Log Reduction Reduction 31-Jan-OO Percent Log Reduction Reduction Centrifugate Removal 98.933 1.~/2 Centrifugate Removal 98.12 1.7 Microorganism Removal 85.909 0.851 Microorganism Removal 99 .33 2.2 11-Mar-01 Percent Log Reduction Reduction 4-Mar-02 Percent Log Reduction Reduction Centrifugate Removal 99.62 2.4 Centrifugate Removal 99.91 3.1 Microorganism Removal 98.44 1.8 Microorganism Removal 99.53 2.3 19-0ct-03 Percent Log Reduction Reduction 17-Feb-04 Percent Log Reduction Reduction Centrifugate Removal 99 .09 2 Centrifugate Removal 98.69 1.9 Microorganism Removal 93.51 1.2 Microorganism Removal 98.3 1.8 17-May-05 Percent Log Reduction Reduction 27-Sep-06 Percent Log Reduction Reduction Centrifugate Removal 99.51 2.3 Centrifugate Removal 99.73 >2.6 Microorganism Removal 99.72 2.6 Microorganism Removal 96.76 1.5 15-0ct-07 Percent Log Reduction Reduction 12-Aug-08 Percent Log Reduction Reduction Centrifugate Removal 99.54 2.3 Centrifugate Removal 99.88 >2.9 Microorganism Removal 94.14 1.2 Microorganism Removal 98.51 1.8 A Tl. tJ:> BERG HILL GREENLEAF & RUSCITTI L ATTORNEYS & COUNSELORS AT 1712 Pearl Street • Boulder, Colorado 80302 David G. Hill Partner Daniel L. Brotzman, Esq. City of Englewood 1000 Englewood Parkway Englewood, CO 80110-0110 Re: February Invoice Dear Dan: Tel: 303.402.1600 • Fax: 303.402.1601 bhgrlaw.com March 5, 2010 ' ' ~·,~>"/ Enclosed please find our invoices for professional services on water matters for February 1, 2010, through February 28, 2009, in the amount of $26,810.33, with a total for the year of $66,687.60. The amount for this billing cycle on major cases is listed below: I Name I Amount I No. I South Adams County WSD (01CW258) Aug. Plan $ 1,363.00 500 Denver (01CW286) South & North Complex Reservoirs 4,992.50 511 Main Burlington Appeal (09SA133) 9,015.54 722 Stu Fonda has asked us to provide brief descriptions of the reasons for Englewood's involvement in all cases which appear on our bills each month, as well as a brief summary of the work performed by this firm during the month. The following paragraphs contain these descriptions with respect to the matters reflected on the enclosed invoices: · Introduction. Please understand that this letter is a confidential attorney-client communication. Please keep it confidential. The largest amount of work in February was devoted to the appeal of the Judge's ruling concerning the Metro Pumps, which was entered as pait of the trial court decision in the FRICO/Burlington/United/East Cherry Creek change cases. The ruling arose in this way: In the ./ ' Daniel L. Brotzman March 5, 2010 Page 2 years before Metro Sewer was built, Denver 's Northside sewage plant discharged its effluent into the river above the Burlington headgate . Metro Sewer was built farther down the river, and its effluent discharges below the Burlington headgate . In settlement of the dispute over reduced flow at the Burlington headgate, pumps were built at Metro which pumped effluent into the Burlington Canal, partly offsetting the reduced flow ~t the headgate. The pumping commenced in 1968, pursuant to an agreement between Denver and the Burlington Canal diverters. The Burlington Canal diverters did not file an application to change their point of diversion to include the Metro Pumps (as well as the headgate on the river) until 2002 , when such an application was included in the FRICO/Burlington change cases. The Burlington Canal diverters sought in essence to allow the Metro Pumps to divert effluent into the canal at the historic pumping rate, which was 90 cfs. That is less than_ the 144 cfs of effluent flow which was generally provided by the old Denver Northside plant. Public Service Company and Central Colorado objected. Englewood and Denver supported the position of the Burlington Canal diverters, because the pumping fills the Burlington Canal reservoirs more quickly and takes their calls off the river. Unfortunately, the Water Court ruled that the water which could be taken by the Burlington diverters was limited to that which was available in the river at the headgate , and that additional water could not be taken by means of the Metro pumps . We believe that the ruling is erroneous under the applicable case law. That case law says that when a change of point of diversion is sought, the Applicant for the change may divert as much at the new locations as was historically taken at the old location. The historic diversions at the old location included the Denver Northside flows, and the Judge denied the right to take 90 cfs of those flows by means of the Metro pumps. An odd coalition of Englewood, Denver, and the Burlington Canal diverters are appealing the ruling. The opening briefs are due in April. The February work consisted oflocating the relevant testimony in the trial transcripts, locating the relevant exhibits, and commencing the drafting of the opening brief. Time was also spent in helping Denver locate relevant exhibits . Finally, some time was spent on preparing to defend the Burlington Canal diverters' appeal of the Water Court ruling which immensely cut back their allowable diversions . The second case (or series of cases) on which significant time was spent was Denver's efforts to add water released from its new gravel pit reservoirs to its senior exchange to Chatfield Reservoir. The new gravel pit reservoirs are near Brighton. Denver seeks to exchange 30,000 acre feet per year from those reservoirs to Chatfield, under Denver's exchange decree which resulted from an application filed in 1968. If Denver exchanges that much additional water to Chatfield, the Chatfield gates will be closed for much greater periods of time. When the gates are closed, hardness soars in Daniel L. Brotzman March 5, 2010 Page 3 the river below Chatfield, making much of the water available to Englewood unusable. And Denver's exchange would be senior to Englewood's Bear Creek to Chatfield exchange, which now provides Englewood with significant "soft" water. This matter is likely to go to trial, perhaps in late 2011 . The decision will rest largely on legal issues , it appears , as opposed to extensive factual materials. The work consisted of investigating the facts concerning Denver 's plans at the time of the 1968 application, whether an inquiry at that time would have uncovered Denver's intent to build gravel pit reservoirs , and legal research on the question of whether Denver gave notice that gravel pit releases would be used to "fuel " the exchange. Finally, South Adams Water and Sanitation District, which serves Commerce · City, is changing a large number of senior ditch rights to municipal , to be used in augmenting South Adams wells. We have been active in the case because the water rights being changed are senior to Englewood's rights, and very large. It appears likely that a sensible settlement will be achieved. The remainder of the cases are described below. 1. General (#001): This matter is our general file for work not attributable to specific cases. In some instances, the work is not specific to a particular matter. In other instances, the time spent on any individual matter is not large enough to justify a separate bill, but the time on the group of matters is significant. This includes charges related to general calendaring, reviewing various daily incoming pleadings and correspondence, overall case management and other activities that are not case specific. It usually includes preparation of many statements of opposition. 2. McDonald (87CW321) (#147): This case involves an application for direct flow and storage rights on unnamed tributaries of Plum Creek. Englewood's interest is to monitor the case to see that administration of very junior rights is proper. We reviewed order dismissing case. 3. Not-nontributaiy Application (89CW062) (#187): This application was Englewood's application to increase the amount dive1iable under its not-nontributary well rights near McLellan Reservoir. We reviewed file information, discussed case and researched last filing done in the Water Comi. 4. McDonald (92CW152 ai1d 98CW347) (#297): This case involves an application for direct flow ai1d storage rights on unnamed tributaries of Plum Creek. Englewood's interest was to monitor the case to see that administration of very junior rights is proper. We reviewed order dismissing 92CW151 and 92CW152 and allowing remaining case of98CW347 to survive, discussed settlement with Applicant's counsel, negotiated and prepared final stipulation for settlement. ToXic Waters -Saving U.S. Water and Sewer Systems Would Be Costly-NYTimes.con i!t1e Ntw tJork rime:;• Reprints This copy is for your personal, noncommercial use only. You can order presentation-ready copies for distribution to your colleagues, clients or customers here or use the "Reprints" to o l that appears next to any article. Visit www.nytreprints .com fo r samples and additional information . Order a reprint of this article now. March 14, 2010 PP.llHER · FR IEt~DLV FORMll SF f.l N~·C>REO p·y A -rT. Saving U.S. Water and Sewer Systems Would Be Costly By CHARLES DUHIGG WASHINGTON -One recent morning, George S. Hawkins, a long-haired environmentalist who now leads one of the largest and most prominent water and sewer systems, trudged to a street corner here where water was gushing into the air. A cold snap had ruptured a major pipe installed the same year the light bulb was invented. Homes near the fashionable Dupont Circle neighborhood were quickly going dry, and Mr. Hawkins, who had recently taken over the District of Columbia Water and Sewer Authority despite having no experience running a major utility, was responsible for fixing the problem. As city employees searched for underground valves, a growing crowd started asking angry questions. Pipes were breaking across town, and fire hydrants weren't working, they complained. Why couldn't the city deliver water, one man yelled at Mr. Hawkins. Such questions are becoming common across the nation as water and sewer systems break down. Today, a significant water line bursts on average every two minutes somewhere in the country, according to a New York Times analysis of Environmental Protection Agency data. In Washington alone there is a pipe break every day, on average, and this weekend's intense rains overwhelmed the city's system, causing untreated sewage to flow into the Potomac and Anacostia Rivers. State and federal studies indicate that thousands of water and sewer systems may be too old to function properly. For decades, these systems -some built around the time of the Civil War"-"'. have been ignored by politicians and residents accustomed to paying almost nothing for water delivery and sewage removal. And so each year, hundreds of thousands of ruptures damage streets and homes and cause dangerous pollutants to seep into drinking water supplies. t...u-.JJ _______ ----'-~---.•. /rt.r\1 /"\Ir\..,, /1 rl 11 ~ , 1 , 11,....,1 .... - Toxic Waters -Sav ing U.S. Water and Sewer Systems Would Be Costly -NYTimes.com Page 2of4 Mr. Hawkins's answer to such problems will not please a lot of citizens. Like many of his counterparts in cities like Detroit, Cincinnati, Atlanta and elsewhere, his job is partly to persuade the public to accept higher water rates, so that the utility can replace more antiquated pipes. "People pay more for their cellphones and cable television than for water," said Mr. Hawkins, who before taking over Washington's water system ran environmental groups and attended Princeton and Harvard, where he never thought he would end up running a sewer system. "You can go a day without a phone or TV," he added. "You can't go a day without water." But in many cities, residents have protested loudly when asked to pay more for water and sewer services. In Los Angeles , Indianapolis, Sacramento -and before Mr. Hawkins arrived, Washington -proposed rate increases have been scaled back or canceled after virulent ratepayer dissent. So when Mr. Hawkins confronted the upset crowd near Dupont Circle, he sensed an opportunity to explain why things needed to change. It was a snowy day, and while water from the broken pipe mixed with slush, he began cheerily explaining that the rupture was a symptom of a nationwide disease, according to people present. Mr. Hawkins -who at 49 has the bubbling energy of a toddler and the physique of an aging professor -told the crowd that the average age of the city's water pipes was 76, nearly four times that of the oldest city bus. With a smile, he described how old pipes have spilled untreated sewage into rivers near homes. "I don't care why these pipes aren't working!" one of the residents yelled. "I pay $60 a month for water! I just want my toilet to flush! Why do I need to know how it works?" Mr. Hawkins smiled, quit the l ecture, and retreated back to watching his crew. On Capitol Hill , the .Plight of Mr. Hawkins and other utility managers has become a hot topic. In the last year, federal lawmakers have allocated more than $to billion for water infrastructure programs, one of the largest such commitments in history. But Mr. Hawkins and others say that even those outlays are almost insignificant compared with the problems they are supposed to fix. An E.P.A. study last year estimated that $335 billion would be needed simply to maintain the nation's tap water systems in coming decades. In states like New York, officials estimate that $36 billion is needed in the next 20 years just for municipal wastewater systems . 1-.++ ... • I lmnrrn ..... rt;""""" "" ...... nn1 Olm /1 '\/rndl '\,u i:itP.r htm l?th=~P.mc=th&nai:rnwanted=orint 3/15/2010 Toxic Waters -Saving U.S. Water and Sewer Systems Would Be Costly -NYTimes.com Page 3of4 As these discussions unfold, particular attention is being paid to Mr. Hawkins. Washington's water and sewer system serves the White House, many members of Congress, and two million other residents, and so it surprised some when Mr. Hawkins was hired to head the agency last September, since he did not have an engineering background or the resume of a utility chief. In fact, after he had graduated from Harvard Law School in 1987, he spent a few years helping companies apply for permits to pollute rivers and lakes. (At night -without his firm's knowledge -he had a second career as a professional break dancer. He met his wife, a nurse, when he fell off a platform at a dance club and landed on his head.) But he quickly became disenchanted with corporate law. He moved to the E.P.A., where he fought polluters, and then the White House, and eventually relocated his family to a farm in New Jersey where they shoveled the manure of 35 sheep and kept watch over 175 chickens, and Mr. Hawkins began running a series of environmental groups. The mayor of Washington, Adrian M. Fenty, asked Mr. Hawkins to move to the city in 2007 to lead the Department of the Environment. He quickly became a prominent figure, admired for his ability to communicate with residents and lawmakers. When the Water and Sewer Authority needed a new leader, board members wanted someone familiar with public relations campaigns. Mr. Hawkins's mandate was to persuade residents to pay for updating the city's antiquated pipes. At a meeting with board members last month, Mr. Hawkins pitched his radical solution. Clad in an agency uniform -his name on the breast and creases indicating it had been recently unfolded for the first time -Mr. Hawkins suggested raising water rates for the average resident by almost 17 percent, to about $60 a month per household. Over the coming six years, that rate would rise above $100. With that additional money, Mr. Hawkins argued, the city could replace all of its pipes in 100 years. The previous budget would have replaced them in three centuries. The board questioned him for hours. Others have attacked him for playing on false fears. "This rate hike is outrageous," said Jim Graham, a member of the city council. "Subway systems need repairs, and so do roads, but you don't see fares or tolls skyrocketing. Providing inexpensive, reliable water is a fundamental obligation of government. If they can't do that, they need to reform themselves, instead of just charging more." Similar battles have occurred around the nation. In Philadelphia, officials are set to start collecting $t.6 billion for programs to prevent rain water from overwhelming the sewer system, ~/1 'i/?()1 () Toxic Waters -Saving U.S. Water and Sewer Systems Would Be Costly -NYTimes.com Page 4 of 4 amid loud complaints. Communities surrounding Cleveland threatened to sue when the regional utility proposed charging homeowners for the water pollution running off their property. In central Florida, a $1.8 billion proposal to build a network of drinking water pipes has drawn organized protests. "We're relying on water systems built by our great-grandparents, and no one wants to pay for the decades we've spent ignoring them," said Jeffrey K. Griffiths, a professor at Tufts University and a member of the E.P.A.'s National Drinking Water Advisory Council. "There's a lot of evidence that people are getting sick," he added. "But because everything is out of sight, no one really understands how bad things have become." To bring those lapses into the light, Mr. Hawkins has become a cheerleader for rate increases. He has begun a media assault highlighting the city's water woes. He has created a blog and a Facebook page that explain why pipes break. He regularly appears on newscasts and radio shows, and has filled a personal Web site with video clips of his appearances. It's an all-consuming job. Mr. Hawkins tries to show up at every major pipe break, no matter the hour. He often works late into the night, and for three years he has not lived with his wife and two teenage children, who remained in New Jersey. "The kids really miss their father," said his wife, Tamara. "When we take him to the train station after a visit, my daughter in particular will sometimes cry. He's missing out on his kids' childhoods." And even if Mr. Hawkins succeeds, the public might not realize it, or particularly care. Last month, the utility's board approved Mr. Hawkins's budget and started the process for raising rates. But even if the bigger budget reduces the frequency of water pipe breaks by half -a major accomplishment -many residents probably won't notice. People tend to pay attention to water and sewer systems only when things go wrong. "But this is a once-in-a-lifetime opportunity," Mr. Hawkins said recently, in between a meeting with local environmentalists and rushing home to do paperwork in his small, spartan apartment, near a place where he was once mugged at gunpoint. "This is the fight of our lifetimes," he added. "Water is tied into everything we should care about. Someday, people are going to talk about our sewers with a real sense of pride." ~/1'\l'>fl1fl