Chapter 3 Regulatory Requirements, Policies and Sewer Agreements

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1 Chapter 3 Regulatory Requirements, Policies and Sewer Agreements \\ \TOC.doc

2 CHAPTER 3 Regulatory Requirements, Policies and Sewer Agreements 3.1 STATE ENVIRONMENTAL POLICY ACT Washington Administrative Code (WAC ) requires a statement in all Wastewater Comprehensive Plans regarding compliance with the State Environmental Policy Act (SEPA), if applicable. SEPA regulations apply to the proposed wastewater lines and lift stations proposed in this report. To satisfy this requirement, the SEPA checklist is included in Appendix A. 3.2 NATIONAL ENVIRONMENTAL POLICY ACT Washington Administrative Code ( ) requires a statement in all Wastewater Comprehensive Plans regarding compliance with the National Environmental Policy Act (NEPA), if applicable. NEPA is not applicable because none of the proposed projects will be constructed on federal lands, and because it is not anticipated that federal funding will be used for any of the projects. 3.3 GROWTH MANAGEMENT ACT The Growth Management Act (GMA) was enacted in 1990 to address the population growth that occurred in areas of Washington State during the 1980s. In order to ensure continuation of Washington s high quality of life, officials across the state have addressed growth management within various levels of government. The basic objective of the GMA is to encourage local county and city governments to develop and implement a 20-year comprehensive plan that incorporates their vision of the future, within the framework of the broader needs of the state. Under the GMA, municipalities must complete their own city planning and coordinate these planning efforts with those of the county. The planning effort of a municipality includes the establishment of an Urban Growth Area (UGA). Municipalities are to provide wastewater services to areas within their established UGAs. 3.4 FEDERAL AND STATE AIR QUALITY All wastewater facilities are required by the Federal Clean Air Act to plan to meet the air quality requirement set forth in their region. The permitting of facilities is based upon a mass balance being performed to review if a facility is required to seek an air permit from a federal and/or local permitting agency. At this time, it is not anticipated that the current 3-1

3 or future facilities would require a federal permit because only large wastewater treatment facilities are generally required to have permits. Also, at this time, it is not likely that the regional air quality authority would require a permit for the City s existing facilities. 3.5 ON-SITE SEPTIC SYSTEMS There are currently approximately 12,000 on-site sewage disposal (septic) systems within the UGA. It is the intent of the City to eventually provide wastewater collection services to all residents and businesses within the entire UGA. However in some isolated cases, particularly in remote areas outside Lacey city limits, installation of new septic systems may be allowed by Thurston County. All new on-site septic systems must be designed to meet the Washington Department of Health design standards. Repaired or reconstructed systems must also meet these requirements. The local health department provides approval for systems under 3,500 gallons per day, while the Washington State Department of Health provides approval for systems less than 14,500 gallons per day but greater than 3,500 gallons per day, excluding mechanical treatment systems. The Washington State Department of Ecology provides approval for systems that are over 14,500 gallons per day in capacity. The statute that provides the authority for the Department of Health (DOH) to adopt rules (WAC s) for sewage is found in RCW 43.20, State Board of Health. The Thurston County General Sewage Plan prohibits the extension of City sewer facilities beyond the boundaries of the UGA, except in response to a public health hazard (e.g., failing septic systems) The density of developments to be served by community septic systems is approved and controlled by Thurston County. 3.6 CITY PLANNING POLICIES The City s current goals and policies regarding the development and expansion of sewer utilities and capital facilities are defined in The Lacey Comprehensive Land Use Plan, which was recently updated in The land use element of that Plan is intended to coordinate how Lacey and its growth area develop and how necessary infrastructure, such as roads, utilities and capital improvements, are coordinated to serve the expected growth. Part I of The Lacey Comprehensive Land Use Plan, Section VI, Subsection N, Utilities and Capital Facilities states three specific policies regarding sewage utilities: b. Policy: Preference normally should be given to providing adequate public facilities to settled areas, rather than extending new services to sparsely settled or undeveloped areas, and to serve the incorporated land before serving unincorporated areas. However, sewer extension shall be allowed to areas for purposes of ground water protection, surface water protection or the correction of identified existing residential, commercial or industrial need for sewer service. 3-2

4 d. Policy: Residential and commercial development utilizing septic tanks for sewage disposal which have sanitary sewer laterals readily available should be required to hook up to sanitary sewer when the system fails, needs replacement or requires major repairs. f. Policy: A large portion of the Lacey growth area is in the designated McAllister Springs Geologically Sensitive area. Property located in this area should not develop at densities greater than one unit per five acres on septic tanks and drain fields. When such property is developed at one unit per five acres, it shall be done so in a clustered manner that will allow redevelopment at urban densities once sewer service is made available. For purposes of the 2005 Plan Update, an assumption was made that Lacey s Wastewater Utility will serve all future growth during the 6-year and 20-year planning horizons. It was further assumed that as existing septic systems age, experience failure or require expansion, some of those systems will be converted over to the City s system. In other cases, existing systems may be converted due to proximity to areas newly served by sewers. A table of assumed septic to sewer conversion rates is presented in Chapter 2, Table 2.3. Lacey plans to eventually serve the entire UGA with sewer service by the time build out conditions are reached. These assumptions form the basis of the Capital Improvement Plan outlined in Chapter CITY WASTEWATER CONSTRUCTION STANDARDS The construction of all wastewater facilities must meet the City s design standards. In addition, all wastewater facilities must meet Washington State Department of Ecology design standards. 3.8 WASTEWATER TREATMENT AND CITY SEWER AGREEMENTS The City does not directly own, operate, or maintain a wastewater treatment facility. By agreement with LOTT the City discharges all wastewater collected by the City to a LOTT operated wastewater treatment plant. In addition to the wastewater collected within the City that is transported to LOTT for treatment, the City transports wastewater from the Hawks Prairie Sanitary Landfill (HPSL) to LOTT. This wastewater from the landfill must meet discharge standards set by an agreement with LOTT. 3.9 LOTT WASTEWATER TREATMENT AGREEMENT The is a partner in the Lacey, Olympia, Tumwater, and Thurston County (LOTT) Wastewater Alliance. An agreement was initially made with the City of Olympia to provide wastewater treatment for Lacey in In order to improve existing wastewater transmission, treatment, and discharge facilities, the City entered into a new contract with the City of Olympia, City of Tumwater and Thurston County in 1976 to establish an intergovernmental arrangement. 3-3

5 LOTT now provides wastewater management service for the urbanized area of north Thurston County. The four government partners, including Lacey, jointly manage wastewater resources for a 14,000-acre area, currently serving a population of approximately 78,000 people. Wastewater from all of the partners in the Alliance is transported to the LOTT Central Treatment Plant. This facility provides treatment to either Class A Reclaimed Water standards, or provides secondary treatment as required by LOTT s National Pollution Discharge Elimination System (NPDES) permit and is discharged to Budd Inlet. The umbrella agreement between LOTT and Lacey defines requirements for construction, payment, billing, and maintenance of joint facilities. The Agreement, titled Interlocal Cooperation Act Agreement For Wastewater Management By The LOTT Wastewater Alliance By And Among City Of Lacey, City Of Olympia, City Of Tumwater And Thurston County is available from the City and is included in the 2005 Plan Update by reference. Wastewater planning for the City must be closely coordinated with the Alliance so that LOTT is able to maintain sufficient conveyance and treatment capacity and to ensure that any pretreatment that may need to occur before discharging to the LOTT facilities is defined and planned for. The level of pretreatment LOTT s NPDES permit requires will define the required pretreatment within the City. The LOTT NPDES permit is issued by the Washington State Department of Ecology under RCW 90.48, Water Pollution Control, which is the main statute for Ecology s authority to regulate discharge from wastewater treatment facilities. WAC delegates the NPDES permitting program from EPA to Ecology. Other regulations impacting surface discharges of treated wastewater are WAC A, Water Quality Standards for Washington State Surface Waters RECLAIMED WATER AGREEMENT Upon completion of an extensive planning process, Lacey, Olympia, Tumwater and Thurston County approved a long-range Wastewater Resource Management Plan in January of The Plan calls for future new treatment capacity to be constructed in small increments, in the form of small satellite treatment plants that treat wastewater to Class A Reclaimed Water standards. Class A Reclaimed Water is clean enough for public contact and for many uses, except drinking water. LOTT s first reclaimed water treatment facility was constructed at the central treatment plant in Olympia. LOTT's first satellite reclaimed water plant is currently being built on Martin Way in Lacey s Hawks Prairie area. LOTT anticipates the Hawks Prairie plant will be on line in 2006 or The City s current reclaimed water agreement with LOTT is titled The Interlocal Agreement Between The LOTT Wastewater Alliance, Thurston County, And The Cities Of Lacey, Olympia And Tumwater For Distribution And Use Of Reclaimed Water. 3-4

6 3.11 HAWKS PRAIRIE SANITARY LANDFILL AGREEMENT The and LOTT Regional Wastewater Treatment Facility issued a permit, Wastewater Discharge Permit No. LA-004, to the Hawks Prairie Sanitary Landfill (HPSL), which describes the terms under which, the HPSL may discharge wastewater from their leachate collection system. The permit outlines requirements for effluent limitations, sampling, flow measurement, and reporting. Meeting the conditions of the permit allows HPSL to use the City of Lacy collection system and LOTT treatment facilities. 3-5