Memorandum

City of Lawrence

Utilities Department

TO:	David L. Corliss – City Manager Cynthia Wagner – Assistant City Manager Dian Stoddard – Assistant City Manager
FROM:	Aurora Shields – Water Quality Manager
CC:	Dave Wagner – Director of Utilities Mike Lawless – Assistant Director of Utilities Beth Krishtalka – Assistant to Director Jeanette Klamm – Management Analyst
Date:	September 4, 2013
RE:	Memorandum of Understanding (MOU) between City of Lawrence and the Kansas Department of Health and Environment (KDHE)

Please include the following item on the City Commission Agenda for consideration at the September 10, 2013 meeting:

Authorize the city manager to sign the Memorandum of Understanding between the Kansas Department of Health and Environment and the City of Lawrence.

Background

On June 5, 2012, EPA published a memorandum on “Integrated Municipal Stormwater and Wastewater Planning Approach Framework”.  In the memorandum, EPA announces its commitment to achieving water quality through municipal wastewater plans by working with states and communities in order to assist municipalities achieve the human health and the water quality objectives of the Clean Water Act by identifying efficiencies in the implementation requirements that arise from distinct regulatory programs, and take into consideration the communities’ priorities of capital investments.

The City of Lawrence recently completed and approved the “Wastewater Facility Master Plan”. The purpose of the Memorandum of Understanding (MOU) between the Kansas Department of Health and Environment (KDHE) and the City of Lawrence is to acknowledge and agree upon an Integrated Municipal Wastewater Planning document for wastewater treatment plants and collection system improvements with flexible implementation goals. The MOU is the mechanism used by KDHE and the city to reach an agreement on the appropriateness and the implementation of the “Wastewater Facility Master Plan”.

Status

The City of Lawrence “Wastewater Facility Master Plan” looks at future wastewater needs, prioritizing the needs, and projecting the cost for funding the very much needed improvements.  The City’s Master Plan contains all components essential and required by the EPA’s “Integrated Plan Framework”.

The MOU indicates that the Lawrence integrated plan will be referenced in both the Kansas River and Wakarusa NPDES permits upon re-issuance. The MOU contains reopener provisions to amend the Plan, as well as provisions for Lawrence to provide annual updates on Plan progress made during the current year and planned for the next year.

In discussion with KDHE about the master plan, it was indicated that an agreement or MOU on the implementation of the plan would be of benefit to the city to demonstrate the willingness to meet the regulatory requirements of the CWA that specifically includes wet weather and nutrient removal. KDHE has sent a letter of approval for the integrated plan.

Recommendation

Authorize the city manager to sign the Memorandum of Understanding between the Kansas Department of Health and Environment and the City of Lawrence.