20170523GPW to Staff 28-46.pdf

MountalnwaTBnwonrt
s/23/2OL7
ldaho Public Utilities Commission
PO Box 83720
Boise, lD 8372O-OO74
Case No. GPW-W-17-01
Regording: Second Production Request of the Commission Stoff to Grouse Point Woter Comp.ony-Med
Moy 2,2077
On behalf of Grouse Point Water Company, LLC, Mountain Waterworks respectfully submits this Second
Production Request Response to the ldaho Public Utilities Commission for review.
28. Production Request No.28
Please provide the annual testing records for backflow devices for the years 2012 through 2015.
Response: lt is not required thdt the Compony test the bockflow ossemblies but it is required that
the homeowners test their individuol home's bockflow devices. Prior to 2017, o comprehensive
cross connection control progrom (CCC)wos not in ploce. A plon wos odopted in Morch,2017.
According to the Compony's Operotor, Volley Hydro, there ore no bockflow test records. However,
the Compony is working on implementing the CCC program for the woter system. The Compony
will trock oll bockflow testing results thot ore required from eoch homeowner to be submitted to
the Compony.
29. Production Request No.29
Was the April,2OLT , Customer Notice included as an enclosure with the most recent bill, or was it
sent as a separate mailing? On what date was the notice mailed?
Response: The Woter Company included the Customer Notice os on enclosure with its most recent
bill on April 73,2017.
30. Production Request No.30
Grouse Point's original application requests a 565 meter-testing fee. ln its informal response to
Staffs March l3th,2OL7-Questions from Consumer Group, the Company indicated that it does not
intend to charge a meter testing fee. Please confirm that the Company does not intend to charge
a meter testing fee.
Response: At this time, the Company confirms that it does not intend to chorge o meter testing
fee.
31. Production Request No.31
Grouse Point's original application requests that the Company's reconnect fee be increased from
S20 to S0S. tn its informal response to Staffs March L3t^,2Ot7-Questions from Consumer Group
the Company indicated that customers would be charged a $45 hourly rate for reconnection. The
Company also explained that because its contract operator, Valley Hydro, would take
approximately one hour to reconnect the meter and activate the service, the total cost to the
company would likely be S45.o. Which of these policies does the Company intend for the Commission to consider?
Response: The proposed policy of the Compony will be to collect a lump sum omount of
|qs.OO for the reconnection fee.
Boise I Coeur d'Alene I Lewiston I McCall
208.780.3990 - offi [e-mail]
www.mountainwtr.com
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b. Provide the cost justification for the proposed new rate.
Response: ln the executed contactor operator ogreement (See Exhibit A-Agreement to
Provide Services), Volley Hydro (Controct Operotor) requires a one (1) hour meter
reconnection effort. This effort will cost the Compony approximotely 545.00.c. Would the Company consider a flat reconnect fee instead of an hourly rate?
Response: Yes, the Compony intends to collect o "flot" (lump sum reconnect fee). See
Response 37, o.
32. Production Request No.32
The Company's tariff currently does not include explicit insufficient funds and late payment
policies. Would the Company support inclusion of an insufficient funds fee, and a late payment
charge in its tariff? lf so, how much?
Response: Yes, the Compony would support inclusion of on insufficient funds fee ond o lote
poyment chorge in its toriff. Other ldoho reguloted woter componies chorge a 5ZO.OO insufficient
fund fee and o one percent (7%) monthly lote poyment chorge in their tariffs. The Compony
considers these fees to be oppropriate in its toriff.
33. Production Request No.33
What is the Company's current meter reading schedule (e.g., 15th day of the month, third
Saturday, etc.)? What schedule does the Company intend to use when monthly billing begins?
Response: The Compony's current meter reading schedule is the second week of eoch even month.
The Compony intends to conduct meter reoding in the second week of eoch month when monthly
billing begins.
34. Production Request No.34
What is the Company's current billing schedule (e.g., bills sent three days after meters are read)?
What schedule does the Company intend to use when monthly billing begins?
Response: The Compony's current billing schedule is thot within three (3) doys of the meter
reodings during the second week of eoch even month billings ore sent out each even month. The
Compony intends to send billings out within three (3) doys of the meter reodings during the second
week of eoch month when monthly billing begins.
35. Production Request No.35
When is a payment due? When is a payment past due? Please explain the Company's procedures
for collecting past due bills?
Response: Payment is due on receipt of the customer invoice. Poyment is considered post due ofter
thirty (j0) doys of the billing dote (See Exhibit B-Rules for Terminotion of Service). The Personol
Representotive of the Company, Liso Wonner, confirmed thot when o customer becomes post due,
the bookkeeper ploces a hond-written note on the customer invoice thot if the bill is not poid
within ten (10) days, the woter con be turned off. The Compony hos historicolly hod only one
customer who wos lote ond when they received the invoice with the hond-written note, the
customer poid.
Boise I Coeur d'Alene I Lewiston I McCall
208.780.3990 - offi [e-mail]
www.mountainwtr.com
2
Mountaln
35. Production Request No.35
Please provide copies of the following Company documents:
a. lnitial Notice to Terminate
b. Final Notice of lntent to Terminate Servicec. Notice of Procedure for Reconnecting Service left at the premises following disconnection
of service (e.g., door tag or notice)
Response: The Compony hos provided the Finol Shut-Off Notice (Exhibit C-Finol Notice of lntent to
Terminote Service) ond the Terminotion of Service Rules, which hos the process for reconnecting
service, ottoched to this Response Document.
37. Production Request No.37
Please provide samples of current bi-monthly billing statements sent to customers who have:
a. No past due balance
b. A past due balance
Response: As stoted in Response No. i5, the Compony's hos provided o somple copy of the bi-
monthly billing stotement (See- Exhibit D) for review by the IPUC. lf there is o past due bolonce, the
bookkeeper ploces a hand-written note on the billing stotement. Therefore, there is only one billing
statement templote thot is used by the Company.
38. Production Request No.38
Does the Company intend to revise its billing statement? lf so, please provide samples of proposed
monthly statements for customers who have.a. No past due balance
b. A past due balance
Response: No, the Compony does not intend to revise its billing stotement.
39. Production Request No.39
Please explain how bills will be estimated for months in which the Company is unable to read
meters. Please explain how these estimated charges wlll be reconciled and displayed in
subsequent bills based on actual usage. Please provide formulas and sample calculations.
Response: According to the Company's Contract Operotor, Valley Hydro, the Compony has never
encountered o time when o meter wos unreodoble. Volley Hydro suggests thot on estimote bosed
on the customer's three (3) month meter reoding history be colculoted if the meter is unreadable in
the future.
40. Production Request No.40
Does the Company offer customers a pre-printed form for the medical emergency certificate? lf
so, please provide a copy of the form.
Response: No, the Company does not offer customers o pre-printed form for the medical
e me rg e ncy ce rtif icote.
Boise I Coeur d'Alene I Lewiston I McCall
208.780.3990 - offi [e-mail]
www.mountainwtr.com
3
MountalnWATEBItONIIS
41. Production Request No.41
Please provide a copy of the Summary of Rules provided to customers. Please explanation how
and when it is sent.
Response: The Compony doesn't provide a copy of the Summary of Rules to customers.
42. Production Request No.42
Please provide a copy of the Explanation of Rate Schedules provided to customers. Please explain
how and when it is sent?
Response: The Company doesn't provide o copy of the Explanotion of Rote Schedules to customers
but the Compony does contoct the customer by phone to exploin the rote schedule, billing
structure ond meter reoding process.
43. Production Request No.43
Does the Company request deposits from customers? lf so, please provide an explanation of how
the Company calculates the amount of deposit and a sample copy of a deposit request letter.
Response: No, the Compony does not request deposits from customers.
44. Production Request No.44
Please explain the Company's decision to drill Well No. 3 instead of installing uranium treatment
equipment. lf available, please provide the estimates of well costs and treatment equipment
costs that were used by the Company to make its decision.
Response: The cost of installing uronium treotment ond disposal of the concentroted uronium wos
significontly more thon drilling o new well. All utilities in the Volley, including the City of Meridion
ond SUEZ addressed the high uronium concentrotion levels by drilling into ond out of the high
uronium zone. Collection ond disposol of concentroted uronium ond the ossocioted public heolth
ond occupationol sofety hozards hove forced oll woter utilities in the volley to drill new wells os
opposed to centralized uronium treatment. The decision to drill o new well wos documented in o
report to IDEQ ond wos required os port of the IDEQ (See Exhibit E-Consent Order).
45. Production Request No.45
Prior to drilling Well No. 3, was the Company aware of potential odor problems in the new
aquifer? lf so, how did the Company plan to deal with odor problems?
Response: lt wos well known thot the woter beoring zone that contoined elevoted levels of
uronium did not hove taste ond odor issues. Adjocent woter beoring zones were not known to hove
significont toste ond odor issues but were known to hove elevoted levels of ommonio ond
hydrogen sulfide. Other regional municipol wells with toste and odor issues have successfully been
treoted by simple injection of chlorine. Therefore, the Compony onticipated chlorinotion os the
primory meons of reducing toste ond odor issues.
The target oquifer met oll EPA enforceoble primary drinking woter regulotions. Woter quolity zone
testing results obtoined during drilling did not show significont issues orising from non-enforceable
secon do ry wote r quality pora mete rs.
Boise I Coeur d'Alene I Lewiston I McCall
208.780.3990 - offi [e-mail]
www.mountainwtr.com
4
Mountaln
45. Production Request No.45
According to the well driller's repo( Well No. 3 is sreened from 378 feet to 403 feet. Please
explain why the well was drilled to a depth of 600 feet.
Response: The wellwas originolly drilled to 500 feet to evaluote woter quality prior to well
completion of up to four (4) unique oquifer woter bearing zones. After reviewing woter quolity
zone testing results, the woter beoring zone from 378 feet to 403 feet provided the best water
quality while meeting oll primary drinking woter stondords. Therefore, the well screens were
installed adjocent to this zone.
Boise I Coeur d'Alene I Lewiston I McCall
208.780.3990 - offi [e-mail]
www.mountainwtr.com
5
Exhibit A
Agreement to Provide Services
Second Production Request-Grouse Point Water Company-Date May 2, 2017
Valley Hydro, Inc.
Water System Utility Serwices
AGREEUENT TO PROVIDE SERVICES
For the operation of the Grouse Point Subdivision Water System
VHI agrees to provide the following services to the Grouse Point Water Corporation (Corp), for the
agreed upon compensation:
AGENCY UANDATES1. Acquire and submit in a timely manner, any sample required by the Environmental Protectio
Agency (EPA), the ldaho Division of EnvironmentalQuality (DEQ), and Central District Hea]
(cDH).2. Report the results of any required samples to the Corp, EPA, DEQ and CDH as required an,
provide follow-up, as needed, when any sample testing results indicate violation or trend
toward violation and recommend actions necessary to conect violations or potentialviolatior3. Provide the Corp, EPA, DEQ and CDH with any federal or state mandated reporting
requirements, including annual Consumer Confidence Reports.
ROUTINE SERVICES4. Provide onsite inspection of domestic waterfacilities owned by the Corp, log all pressure an
flow information, and report any significant items to the Corp-5. Clean pump buildings and grounds as needed.
GENERAL6. lnterface with EPA, DEQ, CDH or other federal, state or local agencies as needed to respon
to inspection re@mmendations or resolution of emergency situations to ensure the water
system meets requirements and is operating saEly.7. Report any deficiencies in system operation or violation of water testing standards to the Co
and make re@mmendations for conection.8. Maintain complete records related to the operation of the Corp's water systems.9. Administer Cross Connection Control program in accordance with current edition of Americe
Watenrorks Association Cross Conneclion Confol Manual.
REPORTING
10. Provide to the Corp the following reports.
a) Well logs as completed.b) Work orders wil! include a record of maintenanoe activities performed and willbe
provided with monthly invoice as needed.
c) Annual Consumer Confidence Reportd) Water quality test reports when received from laboratory.
OPERATIONS
11. Respond to assess customer complaints.
12. Respond to mark underground water facilities in easement, prior to excavation when called
upon by Digline or Corp member.
13. Provide maintenance of distribution system, as needed, in accordance with accepted heahh
practices and industry standards.
14. Maintain chemical injection equipment and fill chlorine tanks as needed.
Grousc Point Subdivision Service Agreement
EMERGENCY
15. Provide on-call response to emergencies or abnormal situations upon notification by a Corp
member, homeowner, or by electronic notification.
16. Respond to assess abnormalsituations such as:
a) Pump fail
b) Power outagec) Low pressure situation
d) High pressure situation
e) Suspected water main breaks
17. Provide minimal electronic repairs (diagnostics and fuse/circuit breaker replacemenUrepair).
18. Secure labor and order materials for conecting any maintenance and operations problems
after consultation and authorization from the Corp.
VHI wlll provlde these services for the followlng fees:
1. Seventy five dollars ($75.00) per month base charge.2. Fifty dollars ($50.00) per month per well.3. Three dollars ($3.00) per month per service connection.
The Corp agrces to compensate VHI as folltrs:
1. Pay VHI at the rate of $45.00 per man-hour while on site for rcpairs, maintenance,
consultations when called upon by Corp members. Agency Mandates, Routine Maintenance
General, and Reporting sections of this agreement are included in monthly charges.2. Compensate VHI for any incidentralexpenses inq.rned during daily operation of water syster
including cfiemical @sts, miscellaneous materials and lab fees at a rate of cost plus 20%.3. Provide payment for the above services, folloring submittal of reguest for payment, by the
20u' of each month. Balances not paid by due date will be assessed a $25.00 late fee.
The parties hereby agrce to the followlng:
1. The length of the term of this Agreement shall be two years, with successive 2- year
extensions upon approvalof VHI and the Gorp.2. The extension of this Agreement shall be automatic, unless either of the parties provides
notice to the other prior to 90 days before the expiration of the agreement.3. VHI shall provide liability insurance certificate in the amount of $1,000,000 to the Corp, and
maintain said insurance throughout the life of this agreement.
The parties to this agreement agree to the terms contained herein and afftrm that they shall abide by
them through the life of the agreement.
Dated uis I d day of 2008..rt
rouse Point Subdivision
J. Mehiel
Grousc Point SuMivision Scrvicc Agrcerneot
Exhibit B
Rules for Termination of Service
Second Production Reguesf-Grouse Point Water Company-Date May 2, 2017
GROUSE POI]IT TTATEN CO]iIPA]IY
To Our Valued Water Customers
This is a summary of the rules for termination of service for all Grouse Point Water
customcrs as determined by the Idaho Public Utilities Commission (IPUC). Theso rules
cover both the rights and responsibilities of the Customer and the Water Utility. fui
explanation of the Grouso Point Water Company's rate schedule has also been included.
If you have any questions reguding this information, please contact:
Grouse Point Water Company
4225 Riva Ridge Drive
Boise, Idaho E3709
(208) 378 - 9251 or (208) 869 -22t1
or
IPUC
472W. Washington St.
P.O. Box 83720
Boise, Idaho 83720-10074
Phone: I-800-432-0369
RULES FOR TER]TTINATION OF SERVICE
Teruinrtion with Prior Notice
With appropriate customer notification Cnouse Point Water Company may deny or
terminate water service for one of the following reasons:
1. Non payment of a past due bill or payment of a past due bill with a NSF check.2. Failure to honor the terms of a payment arangement.
3. Obtaining service by false identity.
4. Refusing to allow access to the water meter or shut offvalve.
5. Willfully wasting service through improper equipment or otherwise.6. Failure to apply for service.
Terminetion without Prior notice
Grouse Point Water Company may deny or tcrminate water service without notice for
one of the following reasons:l. A situation exigts that is immediately dangaousto life, physical safay or property;
2. To prevent a violation of federal, statc or local safay or health codes;
3. Service is obtained, diverted or used without the authorization of the grouse Point
Water Company;
4. Grouse Point Water Company has diligently attempted to notiry you oftermination
urd h8s been unable to contast you;
5. If ordered by any court, the Commission, or any other duly authorized public
authority.
NOTTTICATION
l. A billing may be considered past due thirty (30) days after the billing date. A written
notice oftermination must be mailed at least s€ven (7) dap before the proposed
termination date.
2. At least twenty -four hours (24) before the service is terminatod a notice will be left at
the property advising you ofthe steps nceded to have services restored.
3. When the24 hour pedod has lapsed, another attempt will be made to contact you in
person or by telephone.
Only a twenty -four (24) hour notice is required if:
4, You do not make an initial payment according to a payment arrangement orthe initial
payment is made with a check not honored by the bank.
PAYMENT ARRANGEMENTS AND SPECIAL CIRCUMSTANCES
If you cannot pay your billing in full or you roceive a notic€ oftermination, please call
the Grouse Point Wuer business office at (208) 378 - 925l.Payment arrangements can be
made to avoid ternrination of service.
ffyou c&nnot pay your billing and a member in your household is seriously ill or there is
a medical emergency, Grouse Point Water Company will postponethe termination of
service for thirty (30) days. A written certification is required from a licens€d physician
or public health official stating the name of the person who is ill, the nsntre of the illness
and the name, title, and signature of the person certi$ing the serious illness or medical
emergency.
COMPLAINT PROCEDTIRES
I f at any time you have a complaint concerning the termination of service, policies and/
or practices or any other matter regarding our service please contact the grouse Point
Water Company, in persorq or by telephone or in writing. Your complaint will be
investigated promptly and thoroughly. You will be notified orally or in writing the
results of the investigation and we will make evory effort to resolve the complaint.
If you are dissatisfied with the proposed resolution of your complaint, you may ask the
IPUC to roview the matter. Your request may be done in writing or orally. Your sprvice
will not be disconnectcd while the complaint is being invcstigatcd by thc water r*ility or
the IPUC.
RESTRUCTION OF IERMINATION OF SERVICE
Service cannot be disconnected on Friday after 12:00 noon or on a Saturday, Sunday or
any legal holidays recognized by the Stue of Idalro, or after 12:00 noon on any day
immediately before a legal holiday. Service may only be terminated baween the hours
of 8:00am and 4:00 pm. The employee sent to the premises to tenninate the scrvice will
identi$ himselflherselfto you and state the purpos€ ofthe visit. This person is
authorized to accept payment in frrll.
MONTIILY FEES
The monthly water rde is $25.00. Grouse Point Water Company bills once every two
months, For example, a March I billing would reflect a $50.00 charge for the months of
January and February. Payment is due in full within twenty (20) days after the billing
date. A bill may be considered delinquent after twenty- five (25) days.
RECONNECTION FEE
If water service is terminated, the balance in full, plus a reconnection fee of $20.00 shall
be chargod to the Customer.
SPECIAL PROVISIONS
In the event that a check is returned from the bank for insuffrcient funds, a $15.00
accounting fee will be applied to thc next billing cycle.
NO ONE EXCEPT AN AUTEORIiZED AGENT OF TEE COMPAI\TY SHALL
TAMPERWITE, INTERFERE WITE, MAKE REPAIRS, COI\INECTTONS OR
REPI"ACEMENTS OF AI{Y OF TED COMPANYS PROPERTY, EXCEPT IN
CASE OF EXTREITTE EMEREGENCY.
Exhibit C
Final Notice of lntent to Terminate
Service
Second Production Request-Grouse PointWater Company-Date May 2, 2017
GROUSE POINT WATER
COMPANY IS WLLING TO MAKE
PAYMENT ARNANGEMENTS
WITH YOU FOR YOUR PAST DUE
ACCOUNT.
Termination of scrvice will be postponed
thirty(30) days from the date of a
certificate by a licensed physician or
pnblic heatth official, stating that
termination of scrvice will aggravate or
cteate a medical emergency of a
perrnanent resident of the premises,
A complaint concerning this termination
may be fild with The Idaho Public
Utilities Commission. You may contact
IPUC by calling 334-0369 or uriting to
IPUC, Attn: C-onsumer Assistance, P.O,
Box 83720, Boise, Idatro, 837204074.
Please contact Grouse Point Water
Company if you have a compleint. Your
service will not be terminated priorto
the reeolution of such a filed complaint.
You can contact us by calling 378 -
9251 U t69-2211 or by writing to 4225
Riva Ridge Ehive, Boise, Idatro, 83709.
GROUSE POINT WATER COMPANY
FINAL
SHUT OFF NOTICE
Grouse Poitt Water Company
4225 Riva Ridge Drive
Boise, Idaho 83709
378 -9251
DELINQUENT AI\{OI.JNT
Exhibit D
Bi-A/lonthly Bi I I i ng Sfafe ment
Second Production Reguesf-Grouse Point Water Company-Date May 2, 2017
Grouse Point Water Company
819 Pennwood St
Meridian, ID 83642
BillTo
lnvoice
Date lnvoice #
t2fi512016 I
P.O. No Terms
I 2059 Due on receipt
Quantity Description Rate Amount
2
2
Monthly Base Charge - 8,000 Gal. per Month l0- I 2- 16 Through I 2- 13- 16 -
Total Gallons Used - 18.000
Commodity Charge For Usage Over 8.000 Gal. $0.50 per 1,000 Gallons tlsed
tkil bf/t'ry'
A-&fui449/2f u/J
22.00
0.50
44.00
1.00
Thank you for 1'our business.Total $45.00
Exhibit E
Draft Consent Order
Second Production Request-Grouse Point Water Company-Date May 2, 2017
DRAFT DRAFT DRAFT
IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY
ln the matter of:CONSENT ORDER
ldaho Code S 39-108
Grouse Point Water Company, LLC
1. Pursuant to the ldaho Environmental Protection and Health Act, ldaho Code SStr
39-101 through 39-130, the ldaho Department of Environmental Quality (Department)
enters into this Consent Order with Grouse Point Water Company, LLC. (Grouse
Point). Grouse Point owns and/or operates a community public water system, PWS
1D4010232, that serves 24 connection(s) and approximately 70 of persons on a daily
basis in Boise, Ada County, Idaho.
2. Samples taken from Grouse Point on March 18,2004, June 23,2004, October 7,
2004, March 8,2005, June 21,2005, and September 20,2005 exceeded the uranium
Maximum Contaminant Level (MCL), specified in 40 CFR 141.5, incorporated by
reference in the ldaho Rules for Public Drinkino Water Svstems, IDAPA 58.01.08.250,
which became effective December 8, 2003.
3. United Water of ldaho (United WateQ operates by contract Grouse Point's
public water system. Camille Cegnar of United Water was notified by letters dated
February 9, 2005 and October 4,2005 of Grouse Point's exceedances of the uranium
MCL and the need for Grouse Point to hire an engineer to investigate treatment options
4. The Department notified Grouse Point by letter dated November 17, 2005 that
the system had been disapproved due to exceedances of the uranium MCL. A
compliance conference was held November 30, 2005.
5. ln order to return to compliance with applicable state and federal laws, Grouse
Point hereby agrees to perform the following actions in the time periods set forth in
order to demonstrate compliance with IDAPA 58.01.08:
a. No laterthan [January 1,2006], Grouse Point shall begin providing
quarterly public notice concerning Department disapproval of the water system,
exceedances of the uranium MCL, and the health effects related to exceedances
of the uranium MCL, in accordance with IDAPA 58.01 .08.150, to each residence
on the system by mail or hand delivery. Grouse Point shall continue to provide
public notice to each residence on a quarterly basis (every 3 months) until such
time as the Department provides written notice of termination of this Consent
Order.
DRAFT* CONFIDENTIAL *DRAFT
CONSENT ORDER - 1
)
)
)
)
DRAFT DRAFT DRAFT
b. Grouse Point shal! provide the Department with proof of each
quarterly notification via the Department's supplied notification form and a
copy of each quarterly notification within ten (10) days of completion.
c. Beginning the quarter of October 1, 2005 through December 31, 2005,
Grouse Point sha!! submit for analysis to a certified laboratory a sample for
uranium. Grouse Point shall continue quarterly monitoring untilthe Department
notifies Grouse Point that quarterly monitoring is no longer required.
d. No later than panuary 15, 2006], Grouse Point shal! enter into a contract
with a professional engineer registered in the State of ldaho.
e. No later than [June 15, 2006], Grouse Point shall submit for Department
approval a preliminary engineering report. The preliminary engineering report
shall delineate the steps that will be taken to bring Grouse Point into full
compliance with IDAPA 58.01.08, and shal! include the following:
i. Recommendations for actions to be taken to enable Grouse Point
to meet the requirements of IDAPA 58.01.08 including, but not limited to:
documentation and/or prediction of water quantity requirements per
dwelling unit and other uses; any necessary revised technical, financia!,
and managerial documents as needed to control such factors as irrigation
within Grouse Point; and any treatment needed to meet all requirements
of IDAPA 58.01.08.
ii. A funding plan to implement the recommendations selected under
the provisions of Paragraph S.d.i. This plan shall include: the amount of
funding needed, sources of funding, procedures and program
requirements to secure funding from those sources, and a schedule with
milestones to obtain all funding in a coordinated effort to implement the
project.
iii. A project implementation schedule for the recommendations
selected under the provisions of Paragraph S.d.i. This schedule shall
include: plans and specifications, preparation of bidding documents,
supervision of bid openings and bid awards, pre-construction meetings,
construction schedules, construction inspection, and record drawings.
t. The Department shall review, comment and/or approve the Preliminary
Engineering Report as specified in Paragraph 6 of this Consent Order.
g. Within sixty (60) calendar days of the Department's approval of the Draft
Engineering Report, Grouse Point shall hold a public hearing and record all
comments. Grouse Point's engineer, a Department representative, and a
representative from Grouse Point's water system shall be present to answer
questions.
Within twenty-one (21) calendar days of the public hearing, the engineer
DRAFT* CONFIDENTIAL *DRAFT
CONSENT ORDER - 2
h
DRAFT DRAFT DRAFT
for Grouse Point shall submit to the Department a summary of the pertinent
verbal and written comments, how they were addressed, and a Revised Draft
Engineering Report that incorporates pertinent comments. The Department shall
review, comment on, and/or approve the Revised Draft Engineering Report as
specified in Paragraph 6 of this Consent Order. The Department will advise
Grouse Point and their engineer that a Final Engineering Report may be
submitted for approval.
6. Department Submittal Review Process. Unless otherwise set forth specifically
herein, the following document submittaland review process (Submittal Review Process)
shall be followed regarding submittals required by paragraphs 5.e., 5.f. and 5.h. of this
Consent Orderforwhich Department approval is required. This process shall be followed
until the Department approves the document or the document review time frame has
expired.
a. Within thirty (30) calendar days of receipt of Grouse Point's submittal,
the Department shall 1) notify Grouse Point in writing the document is approved; 2)
notify Grouse Point in writing of any deficiencies in the document; or, 3) notify Grouse
Point of the Department's extension of the Department's review and comment period. lf
the Department notifies Grouse Point of deficiencies in the document, Grouse Point
shall submit a revised document to resolve those deficiencles within thirty (30) calendar
days of receipt of the Department's notice.
b. The Submitta! Review Process shall be repeated untilthe Department
notifies Grouse Point the document is approved. However, the submittal must meet the
Department's approvalwithin sixty (60) days from the due date for the first submittal of
the document, unless the Department provides Grouse Point with a written extension of
the sixty (60) day time frame. Grouse Point's failure to obtain Department approval of a
submittal within such time frames shall constitute a violation of this Consent Order.
c. lf the Department extends its review and comment period beyond the
initial thirty (30) day period described above, the time frames within which Grouse Point
documents shall meet the requirements of this Consent Order shall be extended by an
equivalent number of days. Once the Department approves documents, they shall be
incorporated herein and enforceable as a part of this Consent Order.
7. Al! communications required of Grouse Point by this Consent Order shall be
addressed to:
Tiffany Floyd, Drinking Water Manager
Department of Environmental Quality
Boise Regional Office
1445 N. Orchard
Boise, ldaho 83706
8. All notices, reports and submittals required of the Department by this Consent
Order shall be addressed to:
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CONSENT ORDER - 3
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Walter R. Wanner, Owner
Grouse Point Water Company, LLC
26525. McCormick
Boise, ldaho 83709
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9. This Consent Order shall not in any way relieve Grouse Point from any obligation
to comply with any provision of the ldaho Rules for Public Drinkinq Water Svstems, or
any applicable local, state, or federal laws.
10. lf Grouse Point fails to comply with any requirements or deadlines specified in
this Consent Order, Grouse Point shall incur and pay to the Department a stipulated
penalty in the amount of One Thousand Dollars ($1000) for each instance that Grouse
Point fails to achieve compliance with the requirement or deadline violated. Each day
Grouse Point fails to comply with a deadline constitutes a new and separate instance.
11. Grouse Point recognizes that failure to comply with the terms of this Gonsent
Order may result in a district court action seeking specific performance of this Consent
Order; assessment of costs and expenses; available penalties under Idaho Code $39-
108; restraining orders; injunctions; attorney fees; and other relief available by statute or
rule as the court considers to be just and reasonable under the circumstances.
12. This Consent Order shall remain in full force and effect until the Department
acknowledges in writing that the Consent Order is terminated and that Grouse Point
has fulfilled all requirements of this Consent Order.
13. This Consent Order shall bind Grouse Point, its successors and assigns, unti!
terminated in writing by the Department.
14. Each undersigned representative to this Consent Order certifies that he or she is
fully authorized to enter into the terms and conditions of this Consent Order, and to
execute and legally bind such party to this document.
15. The effective date of this Consent Order shal! be the date of signature by the
Director of the ldaho Department of Environmental Quality.
DATED this _ day of 2017.
Toni Hardesty, Director
Department of Environmental Quality
DATED this _ day of 2017
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CONSENT ORDER - 4
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Walter Wanner, Orner
Grcuse Point Water Company, LLC
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CONSENT ORDER - 5