4082747 Resolution 19-696, "Blue Plains Intermunicipal Agreement Emergency Declaration Resolution of 2012"

A RESOLUTION

 

19-696

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

November 15, 2012

 

 

To declare the existence of an emergency with respect to the need to approve the Blue Plains Intermunicipal Agreement among the District of Columbia, the District of Columbia Water and Sewer Authority, Fairfax County, Montgomery County, Prince George’s County, and the Washington Suburban Sanitary Commission.

 

            RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Blue Plains Intermunicipal Agreement Emergency Declaration Resolution of 2012”.

 

            Sec. 2.  (a)  The Blue Plains Intermunicipal Agreement (IMA) is an agreement among the District of Columbia, the District of Columbia Water and Sewer Authority (DC Water), Fairfax County, Montgomery County, Prince George's County, and the Washington Suburban Sanitary Commission, which governs the collection and treatment of waste water at the Blue Plains treatment facility. 

            (b)  The IMA allocates Blue Plains capacity among the jurisdictions and also assigns responsibility for capital, operating, and maintenance costs.

            (c)  The collection and treatment of wastewater at the Blue Plains facility is currently governed by a 1985 agreement.  Although the 1985 agreement remains the formal operating agreement, changes have been made through an ad hoc series of memoranda of understanding and side agreements.  The 1985 IMA itself does not reflect changes in Blue Plains operations, changes in environmental laws and regulations, the existence of DC Water’s long-term control plan, or the fact that DC Water is an independent agency that was established after the 1985 IMA was adopted.

            (d)  Accordingly, the parties negotiated a revised agreement to both reflect the current state of affairs and to create a document that is more responsive to changing needs.

            (e)  The main goals of the IMA are to:

                        (1)  Allocate the wastewater treatment capacity of Blue Plains, associated facilities, and related peak flows of the collection system among the jurisdictions;

                        (2)  Accurately and equitably allocate the capital costs of wastewater treatment and biosolids management;

                        (3)  Accurately and equitably allocate the operations and maintenance costs of Blue Plains;

                        (4)  Establish responsibilities for pretreatment and biosolids management;

                        (5)  Establish a process for making future wastewater capacity planning decisions, including addressing load allocations;

                        (6)  Provide a mechanism for continuing coordination, cooperation, and communication among the jurisdictions; and

                        (7)  Provide environmental stewardship of the Potomac River and its tributaries.

            (f)  In addition, the IMA provides an improved framework for allocating capital, operations, and maintenance costs for multi-jurisdictional-use facilities.

            (g)  The IMA will remain in effect until amended, replaced, or terminated by the parties.  

            (h)  To become effective, the IMA must be approved by each of the jurisdictions and the 2 water authorities.

            (i)  The lack of a formal, updated agreement governing the issues covered by the IMA creates ongoing legal and financial risks for the District.

            (j)  It is therefore important that the District be authorized to enter into the IMA as soon as possible.

 

            Sec. 3.  The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Blue Plains Intermunicipal Agreement Emergency Approval Resolution of 2012 be adopted on an emergency basis.

 

            Sec. 4.  This resolution shall take effect immediately.