Meeting Minutes Wednesday, November 8, 2017 at 1:00 PM 2900 S. Platte River Drive at L/E WWTP

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1 Meeting Minutes Wednesday, November 8, 2017 at 1:00 PM 2900 S. Platte River Drive at L/E WWTP In Attendance: Jim Dorsch J-M Grebenc Jessica DiToro Tara Wilson Nicole Rowan Andra Ahrens Bobby Anastasov Colleen Young Julie Tinetti Ellen Kutzer Pat Pfaltzgraff Blair Corning Paul Ferraro Rachel Mains Phone Attendance: Lisa Hollander Ginny Johnson Jennifer Robinett Jason Kruckeberg MWRD SACWSD LRE for BHCCSD Westminster CDPHE Pueblo WW Aurora Greeley Centennial WSD CDPHE CDPHE LE WWTP CWWUC CWWUC Metro Colorado Springs Metro SDJSA Agenda 1. CWQCD Activities and Partnership, Pat Pfaltzgraff, Director CWQCD 2. Permit Unit Goals for 2018, Ellen Kutzer, Permits Unit Manager 3. Open Discussion: 1. CWQCD Activities and Partnership, Pat Pfaltzgraff, Director CWQCD Pat gave the following highlights: PFCs groundwater standard in the Fountain Creek Basin: Materials for firefighting training in the Air Force - used a lot by DOD and by some commercial firefighting operations. It is persistent and does not break down. It s difficult

2 to pull out, you have to treat it, and it s mobile with water which is our concern. The Air Force has accepted some responsibility. We feel having site specific groundwater standard will help them find the fiscal authority to do remediation and reimburse the systems that are having to spend a lot of money in treatment. We have not seen any PFC levels above the health action level. It s probably not much of an impact to dischargers. A site specific groundwater standard is set for an April rulemaking hearing. Non-potable reuse efforts throughout the state: Regulation 84 is up for review next year. Denver Water has been leading a workgroup through the Water Quality Forum. Denver Water is the lead agency in terms of all the stakeholders working on reuse and we are partnering with them as much as we can. Bills related to reuse: Indoor toilet flushing Ag use for livestock wash down Edible crops Watering indoor marijuana crops Industrial hemp *Indoor marijuana and industrial hemp are the only ones remaining Edible crops and toilet flushing are a big concern for us in regards to being safe. Still moving forward with toilet flushing and maybe an additional proposal for edible crops. We proposed an amendment to extend it out until 2019 so we could collect data, but they shot it down. Nutrients - Nicole Rowan addressed this topic: Nicole discussed the October 2017 Nutrients Rulemaking and the division's hope that the CWWUC and division can collaborate on the voluntary incentive program and working with wastewater systems across the state to maximize participation in the program. She explained that the division is working on the following items: updating their website with information on the incentive program, developing fact sheets on the 10-year Water Quality Roadmap and the Voluntary Incentive Program, and developing more details of their outreach plan. Signup is not required until December We will present the plan at Water Quality Forum meeting. If you have any ideas on how to get the word out, we d love to talk with you. DSV (Discharger Specific Variance) technical support funding via the Water Resources Power Development Authority Nicole Rowan addressed this topic: Nicole handed out the Water Quality Control Division CWRPDA Annual Budget Request attached. We work with Water Resource Power Development Authority to help administer our State Revolving Loan Program they are the banker and we help issue those loans. We

3 work with them on both the clean water and drinking water. The budget is set every year in the December time frame. When they issue a loan, there is an admin fee associated with it. We want to spend a certain amount of the fund to remain in compliance with the EPA. The money can be used to improve water quality from across the state. Projects for 2018: 1) Discharger Specific Variances DSV - Identify 10 to 20 small facilities throughout the state that can be a candidate for sector specific variance, related to nitrate, ammonia or nutrients. We would like an engineer to look at facility information and see what the state is of those facilities are in order to identify if they are a good candidate for a DSV. 2) Having another term limit inductee that would put the regulatory information to go forward on the Commission. This person will be working very closely with Barbara Bennett. These projects are a part of our budget requests to be considered at the December board meeting. We are seeking letters of support for these projects. Can the council send in a letter to the board? The deadline for the letter of support is Nov. 29 th. The budget hearing is December 1 st. Motion to send support letter for the Power Authority s Annual Budget - Bob will send the support letter. 2. Permit Unit Goals for 2018, Ellen Kutzer, Permits Unit Manager Ellen started with this position 6 months ago. Goal is to be a strong advocate for water quality, to be an advocate for her staff and stakeholders, and also to come in with a fresh lens to better the processes. Work plan: 1) We need to be more cognizant of transparency and how we interact with members of the public. 2) Website upgrades 3) Look at where we are at watershed permitting looking at strategies on how we can catch up. The backlog has created issues and frustrations. 4) Permits: Looking at what has happened in the past and how can we improve and move forward. Permit staff will be at 30 writers, including admins after hiring. We have a total of 14 individual permit writers, moving into 15 writers. 4. Open Discussion: Bob distributed copies of the Bylaws at the meeting. A draft of the Bylaws is attached. We got a sub committee together to update the Bylaws. Some Issues: Associative Membership issues: Should they have voting rights? Policy Document I: What the responsibilities should be?

4 What percentage of members are needed to finalize a vote? Send comments by the December 6, before our monthly meeting. Send them to Bob at ranastas@auroragov.org. Finalize Bylaws in the January meeting and vote. Meeting 2:30 p.m. Next meeting: Wednesday, December 13, 2017, 1:00 PM at L/E WWTP

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6 1. Establishment of Wastewater Utility Council There is hereby established a Colorado Wastewater Utility Council (Council), the purpose of which shall be to develop programs to evaluate, respond to, educate, and to encourage better wastewater services to the public. The organization is organized exclusively for charitable, religious, educational, and/or scientific purposes under section 501(c) 3 of the Internal Revenue Code. 2. Membership The different levels of membership of Council shall be written into Policy document 002. This document shall describe each membership level and voting rights. 3. Officers The officers of the Council shall be a Chair, Vice-Chair, Secretary, Treasurer, and a Director, each of whom shall be elected from the membership of the Council. Elections shall be held at the annual meeting. 4. Election/Duties/Terms/Vacancies of the Board/Executive Committee Election of the Board At least thirty (30) days prior to the opening session of the Annual Meeting, the board (or Chair) shall appoint a Nominating Committee that shall choose one (1) or more nominees for each Officer(s) seat that needs

7 to be filled. The Nominating Committee shall make its report during the Annual Meeting, after having first ascertained the willingness of each nominee to serve if elected. The committee report shall be accepted without further action The Chair or Vice-Chair at the scheduled Annual Meeting shall, after reading the report by the Nominating Committee, shall call for further nominations from the floor for each office. Election of members of the Board shall be by voice vote Duties of these positions are written in Policy document Terms of Office Chair: Term shall be one (1) full year or until his or her successor takes office, beginning at the Annual Meeting at which he/she is elected and ending the day before the next Annual Meeting Vice-Chair: Term shall be one (1) full year or until his or her successor takes office, beginning at the Annual Meeting at which he/she is elected and ending the day before the next Annual Meeting. The Vice-Chair will automatically succeed to the position of President Secretary: Term shall be one (1) full year, beginning at the Annual Meeting at which he/she is elected and ending the day before the next Annual Meeting, or until his/her successor has been elected Treasurer: Term shall be one (1) full year, beginning at the Annual Meeting at which he/she is

8 elected and ending the day before the next Annual Meeting, or until his/her successor has been elected Director: shall be one (1) full year, beginning at the Annual Meeting at which he/she is elected and ending of the day before the next Annual Meeting following, or until his or her successor has been elected and qualified Vacancies of the Board and Officers Chair: the Vice-Chair will assume that duties of the Chair until the next Council meeting at which time a new Chair shall be elected to fill the unexpired term Secretary: The Vice-Chair shall assume the duties of the secretary until a new Secretary is appointed by the Chair to fulfill the remainder of the term Treasurer: The Secretary shall assume the duties of Treasure until a new Treasurer is appointed by the Chair to fulfill the remainder of the term Director: the Chair will appoint a Director to fulfill the duties of this position for the remainder of the term Executive Committee The Executive Committee is the Council composed of the Chair, Vice Chair, Secretary, Treasurer and Director. The Executive Committee shall be empowered to act on behalf of the Council when issues need to be addressed that cannot wait until a normally scheduled meeting.

9 All actions taken by the Executive Committee shall be reported to the Council membership within 30 days of action In the event a Member Organization has more than one representative serving on the Board, that Member Organization will only have one Vote Voting Members (as described in Policy document 002) must be members of Council in good standing All Voting Members shall be eligible to vote based on their membership level as described in Policy document Voting Voting members must be members of the Colorado Wastewater Council in good standing and shall have one representative designated by their organization. For all votes at a board meeting a simple majority which consists of a quorum of 10% of the current members present. Alternatively, at the Chair s discretion for each matter to be voted on, votes may also be cast via telephone or . Voting instructions shall be clearly communicated to all members in advance of each matter to be voted on. 6. Meetings The Colorado Wastewater Utility Council shall have at least an annual meeting. All meetings will be scheduled per the Councils meeting Policy Document Committees.

10 7.1. The Chair shall be empowered to appoint ad-hoc committees as may be required to properly conduct the business of the Council The committees either Ad-Hoc or Standing shall follow Policy Document Persons who reside in Colorado and who are not involved with a wastewater utility may be eligible for appointment to committees. 8. Funds Funds for operation of the Council shall be provided through dues assessed of the members. Policy Document 002 describes the various types of memberships and Policy 003 lists the dues associated for each membership leave. If, in the opinion of the Project Advisory Committee, a project has arisen and meets the needs of the Council and the requirements, as described in Guidance Document 001 which require funds beyond what is available, the Council shall be authorized to solicit funds (a special assessment) from the membership specifically to the project in question. No part of the net funds available to the Council shall inure to the benefit of, or be distributable to, its members, trustees, officers, or other private persons, except that the organization shall be authorized and empowered to pay approved compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof. No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Council may not participate in, or intervene in (including the publishing of distribution of statements) any political campaign on behalf of any

11 candidate for public office. Notwithstanding, any other provision of this document, the Council shall not carry on any other activities not permitted to be carried on by an organization exempt under the federal income tax code for 501(c)3. 9. Reports The Treasurer and the Secretary will develop reports per Policy 001 Officer Responsibilities 9.2. An outside firm will be hired to perform an audit of the financials of the CWWUC at least every three (3) years 10. Bylaws These bylaws may be amended from time to time by a twothirds majority vote of the membership at the annual meeting. 11. Dissolution Upon the dissolution of the organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c) 3 of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose.