20080707Exhibits 101-104.pdf

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STATE OF IDAHO
OFFICE OF THE ATTORNEY GENERAL
LAWRENCE G. WASDEN
July 3, 2008
Jean D. Jewell
Commission Secretar
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Re: Case No. EAG-W-08-01- Staff Exhibits
Dear Ms. Jewell:
On July 2, 2008, at the Show Cause hearing, Staff submitted Exhibit Nos. 101-104 into the
record. These exhibits are attached for filing. All paries, including the Commissioners and
Court Reporter, were given copies at the hearing.
Sincerely,~.
Scott D. Woodbury
Deputy Attorney General
for the Commission Staff
L:EAG-W-08-01 sw
Contracts & Administrative Law Division, Idaho Public Utilities Commission
P.O. Box 83720, Boise, Idaho 83720-0074, Telephone: [phone], FAX: [phone], E-mail: Ipuclipuc.state.id.us
Located at 472 West Washington St., Boise, Idaho 83702
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STATE OF IDAHO
OFFICE OF THE ATTORNEY GENEF1AL
LAWRENCE G. WASDEN
June 30, 2008
Via Email and Facsimile
Scott Woodbury
Deputy Attorney General. PUC
[phone]
scott. wood bu rycæpuc. i daho.gov
Re: Floating Feather Mobile Home Park and Eagle Water Company Records
Request
Dear Scott,
Thank you for your phone call of this afternoon. Enclosed, please find the
following documents:
-February 24, 2006, Consent Order between Eagle Water Company and DEQ
-July 6, 2007, Letter from DEQ to Eagle Water Company, which is incorporated
by reference into the February 24, 2006 Consent Order
-October 15, 2007. Consent Order between Floating Feather Mobile Home Park
and DEQ.
The Department considers these documents as comprising the agreements
between the Department and Eagle Water Company and Floating Feather Mobile
Home Park. Please let me know if you need any further in formation.
~Aiy~-
Deputy Attorney General
Naturil! Resources Pivision, Environmental Quality Section.
1410 N. Hmon. 2nd HOOf. Boise. Idaho 8370G-1?5:;
Telephof\H: (208¡ 3'1-0494. FAX: (20eY3la0481 Staff Exhibit No. 101
Case No. EAG-W-08-01
Page 1 of 1
c
STATE OF IDAHO
DEPARTMENT OF
ENVIRONMENTAL QUALITY
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1410 Noi1h Hillon' Boise. loaho 83706.1255' [phone] Dirk KemplhOrne. Governor
Tooi Hardesty. Director
February 24,2006
CERTIFIED MAIL:
RETURN RECEIPT REQUESTED
Robert V. Deshazo Jr.
Eagle Water Company, Inc.
172 W. State Street
Eagle, 10 83616
RE: Executed Consent Order for Eagle Water Company, Inc., PWS # 4010049
Dear Mr. Deshazo:
Enclo$ed is a fully executed copy of the Consent Order (CO) signed by Idaho Department of
Environmental Quality's Director, Toni Hardesty. The staff at the Boise regional offce wil be tracking
compliance with the deadlines set forth in the CO. Please send required communications to:
Tiffany Floyd, Regional Drinking Water Manager
Department of Environmental Quality
Boise Regional Offce
1445 North Orchard
Boise. Idaho 83706-2239
Thank you for working with the Department to resolve these issues.
Sincerely,
."...-
,JrriH.~
; rinkin~n~ater "Enforcement Lead
Enclosure
cc: Stephanie Ebright, Deputy Attomey General
Lance Nielsen, DW Program Manager
Mike McGown, Boise Regional Offce
Tiffany Floyd. Boise Regional Offce
Molly O'Leary, Attorney at Law, Richardson & O'Leary, 515 N. 27th 5t, Boise, ID 83702
File
COF
Staff Exhibit No. 102
Case No. EAG-W-08-01
Page 1 of5
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IDAHO O~PARTMENT OF ENVIRONME:NTAL QUAUTY
In Uie matter of:CONSENT ORDER
Idaho Code § 39-108
Eagle Water Company
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1. Pursuant to the Idaho Environmental Protector, and Health Act. Idaho Code §§
39-101 through 39~130. the Idaho Departent of Environmental Quality (Department)
enters Into this Consent Or.er Wih ËagJe Water Company (Eagle). a Public UtilitIes
Commission (PUC) regulated, community public water system servng 2550
connections and 9000 individuels In IEgle, Ada Count, Id~ho, PW$ # ID4C10049.
2. By Notice of Violation (NOV) dated August 1,2005, the Dep;ilrtment notified
Eagle of violations of the Idabo ~uJ.& for Public Qrinking Water Systems, IDAPA
56.01.08. The NOV is incorporated by reference ínto this Consent Order. The NOV
providAd Eagle an opportunity for a compliance cenference to discuss the violations
and en1er into a consent order. A compliance conferenoe was Mid on August 16.
2005.
3. In order to return to compliance with applicabie state and federallawl), Ëagle
hereby agrees to perform the (allowing actions In the tIme periods set forth in order to
demonstrate comp!iance with IDAPA 58.01.08:
a. Eagle shall continue to provide quarterly public notice concerning the
system's 10$$ of pressure and/or depressuriztion events. and the steps the
system plaqs 10 take to return to complianoe with the pressure requirements. in
accordance with IDAPA 58.01.00.150, to each resièenç8 on thesysteni by mail
or hand delivery. E;agle shall contlni,e to provIde public notice to each residence
on a Quartrly basis (every 3 months) until such time as l)1e Department provides
written notice that quarterly public notification is no longer rGQulreò.
b, Eagle shall provide the Department wit proof of wch Quarterly
notiflcaîin via the Departments supplied notificåtion form and a copy of
each quarterly i1otifça~ion within ten (í 0) days of completion/lch /0 ;:.,i."
C. No later than~ijbruary 24,2006. Eagle shall submit for Department
approval a Prêllmiriary Engineering Report. the Preliminary Engineer;ng Report
shaH delineate ttie steps that wll be takén to bring E!lgll$ i'1Lo ful~ compliance with
IDAPA 5lì.0108 and shaH Include the following: .
i. ~ecommendatiQns for actions to be taken for Eagle to meet the
requirements of IDAPA 58.01.08 including: additional sources or
system modifICtions as needèd to meet the water quality. c;uantíty
and pressure reaulrements for current 3rid future dwellng units a:id
other usès.
CONSENT ORDER. i
Staff Exhibit No. 102
Case No. EAG-W-08-01
Page 2 of5
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ii. A fi.iding plan to implement the recommenda'ions selected under
the provisions of Paragraph 3.c.i. rh!s plán shall include, but not
be limited to: lhe amOl,nt of funding needed, sources of funding,
procedure ar:d progrãm requirements to secure fJr.dlng from
those sources. and a schedule with milGlstones to obtain all funding
In a coordinated effort to implément the project.
iii.A project lmplemenl,átlon schedule for the recomme~datlons
selectee! under thé provisions of Paragraph 3,c ¡ This schedule
shall Include. but not be limited to: plans and specifications,
preparation 'of bIddIng documents, supervision of bid openings and
bid awards, pre-construction meetings, construction schedult:s.
construction Inspection. and record drawings.
iv. The oepartmerr shall review, comment and/cr ~pprove the
Preliminary Engineering Report as specified in Paragraph 5 of this
Consent Ordi¡r unti the Dopartment advises Eagle and their
engineer that a Final Er.gineeri!'g Report may be submittea for
approvaL.
d. ihf' conditions and completion dates in the Departmenl approval litter for
the Final Engineering Report, including the detailed fjr.ancial plans descrbed in
Paragraph 3.c.ii of this Consent Order and the WOrk plan des:rlbed In Paragraph
3.c.lli of this Consent Order, shall be lncorporateå into thl~ Consent Order and
shall be enforctlable as provided by applicable law. The submital review aM
approval ¡Jrocess described ín Pàragraph 5 ~hali apply to all formal subrritials.
El. Within 30 days of completiOn of the iterns descrlbed in the project
ímplemt;nlation schBdule of the Flnallingineeting ~eport incorporated by
reference in Paragråph 3.d., Eagle shall submit as constructed plans and
speclf:cations to the Oepartment in accordanc;e with Idaho Code §39-118 and
lOAPA 58.01.08:551.
4. Civil penaNies of THIRTEEN THOUSAND FIVç HUNDR~D DOI,LARS
(513.500.00) were assesed jri tlie NOV and wil be resolved as follows:
In settlement of the cIvil pemaity tor mattere included in the NOV, Eagle shall pay
a monetary penalty of THIRTEEN THOUSAND FIVE rlUNDRED DOl-LARS
($13.500.00) to the Department In eight quartèrly payments of ONE THOUSÀND
SiX HI.NDRED EIGHTY-SEVEN DOLLARS AND FIFT CliNTS ($1 ,G87.5a)
baginninç no later than F~FiaFy -24;2006. Payment shall be made payabla to
lha Idaho Ùepartment of Environmental Qusllty and shall be submit1ed to:~lÍ IO/i'~ \kA. , tccountig
Fínanciai Manag8ment
Attn: Drinking Wflter Penalty Payment
Idaho LJepartmont of Er'/ironm6ntal Qual:ty
1410 N. Hilton
Boise, Idaho Cl3706
::O~Sf."T ORDÈR . 2
Staff Exhibit No. 102
Case No. EAG-W-08-01
Page 3 of5
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5. Department RevIew and Approval Submittal Review Process. Unless otherwse set
fort specifically herein, the following document submittal and review process (Submittal
Review Process) shall be fOIlJwed regardin9 subr.ittals required by this Consent Orderfor
\vhich Department approval is required. This process shall be tollowéd untl the
Department approves the document or the !'"iew time frame has expired.
a. Witin thirty (30) calendar days or reCéipt of Eagle's ~ubm¡ttal, the
Department shall 1) notify Ei;gle in wri1íng the document IS approved; 2) notify
Eagle in writing of any d'3flc:encles in tlie dOCLiment; Or 3) riotify Eagle of the
Department's extènsion of the Department's review and comment penod for up
to an additionaJ thirty (30) days. 1f the Oepartent notIfies Eagle of deficienciés
in the document, Eagle shall submit a r'évised document to i"9solve lhose
deficiencies within thirty (30) calendar days of recnipt of the Department's notice.
b. The Submittal Review ProCQ8G ehall be repeated unti the Depai1ment
notifies Eagle the document is approved. However, the submIttal must meet the
Departents approVåI within sixt (60) days from the due date for the first
Submittal of the document. unless tHe Departent provides Eagle with a written
extension of the Sixt (60) day time frame. Eagle's fåilure to obtain Department
approval Of a submittl within such time frames shall co:istitute c viöl~tion of this
Consent Order.
c. If the Dp.partment extends its review and comment period beyond the
initial thirt (30) day periOd described abové. the tJme frames within which
Eagle's documents shall meet the requirements 01 this Consent Order shall be
extended by an équivalent number of days. Once the Department approves
thesG documents, they shall be incorprated hsroin and enfo!'eable as a part of
this Consent Order.
6. All commùriCations rec¡ulred of Eagle by this ConsElnt Ordor shall be addressed
to:
Tiffany Floyd, Regional DrinkIng Wa1er Manàger
Departmem of Environmental Quality
BoIse RegIonal Office
1445 N. Orchard
Boise, Idaho 83706
7. All notices, reports and submittals ''lqulred of the Depaitment by this Consent
Order shall be acdressed to:
Robert V. Deshaio Jr.
Eagle Water Company, Inc.
172 W. State Street
Eagle. ID 83616
CONseNT ORDER. :3
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Staff Exhibit No. 102
Case No. EAG-W-08-01
Page 4 of5
. .
Molly O'Leary. Attorney at Law
515 N. 27'd Street
8oise.IO 83702
8. This Consent Order shall not In any way relieve Eagle from any obligation to
comply with any' provision of the Idaho ßul~.s for Public¡ Drir:kinu NFJ,ter S~steTTs, or any
ariplicable local, state, or federal laws.
9. Ea~1e recognil€ls that falli¡re 10 comply with the tGrms of this Consent Order may
result in distric court aclion $eeking specific performance of this Consent Order;
('$sessment of costs and expenses: rivailable penGlties uncer Idaho CodlJ §39-108;
restraining orders; Injunctions; attorney fees; and other relief available by statute or rule
ås the court tonsiders to be just and reasonable under the circum3tancos.
10. ThIs COnsent Order shall remain in full force and effect until the Departmént
acknowledges In wriing that the Consent Order is terminated and that Eagle has
fulfilled all requirements of this Consent Order.
11.. This Consent Order shalt bind Eagle. its successors and aS1iigns, until
terminated in writing by the Departent.
12. Each undersIgned representative to tnis Consent Ordér o:ertifies that he or she is
fully authofiled to enter Into the terms and conditions of this Consent Order, and to
execute ane legally bind such party to this document.
13. The effective date of this Consent Order shall be the date of signature by the
Directr of the Idaho Department of I;nvlronmentQI Quality.
OATEDthl: tzld.~h~~
By:_(\ ,,J,--,. '-.....:" \.--. ._
Tóni Hardesty, Dii"ctor -
Idaho Dep~rtment cf Ênvironmental Quality
,2006.
..'1
DATED this .2006.
CO~SEl\T ORDÈR . 4
Staff Exhibit 102
Case No. EAG-W-08-01
Page 5 of5
STATE OF IOAHO
DEPARTMENT OF
ENVIRONMENTAL QUALITY
-3 Pre¡ l: 15
1410 Norlh Hillon . Boise, Idaho 83706. [phone] CL "Butch" Oter, Governor
Toni Hard&sty. Director
TSP&s.ISO/i007
July 6, 2007
Mr. Robe V. DeShaz, Jr.
Eagle Water Company, Inc.
172 W. State Street
Eagle, Idaho 83616
Subject: Eagle Water Company (City of Eagle, Ada CQunty)
Approval afFinal Engineerng Reprt
Dear Mr. DeSha:
The Idao Deparent of Environmental Quality (DEQ) hereby approves the Final Engineeng Report dated June
2007 for the Eagle Water Company (EWC) wate system in accordace with th procedures set fort in the
DEQÆWC Consent Order signed by both paries on Febr 17,2006.
A. ACtiOD Items:
As part of this approval, the following plans, schedules or related activities (Action Items) set fort below and
in the Final Engineerg Report shall be incororated by reference into the Conset Orde and be enforceable as
provided by applicable law. Restrctions and conditions pertining to these Action Items are preseted in
Section B.
i. EWe shall monitor system wate usage durng the swner of 2007 to detere the peak hour flow and
maimum day demd durng that peod. EWe shall compare tht infonntion with the values usd to
prepar the Final Engieerng Reprt and present the findings to DEQ in a brief report by no late th
Octobe 3 i, 2007.
2. EWe shall submit an application for finacing the proposed system modifications to the Idao Public
Utility Commission (IPUC) by July 15,2007.
3. EWe shall proceed as expeditiously as possible to make the following system modifications listed as
"madatory" in the Final Engineerng Reprt for corrting deficiencies in the existing system:
a. Interconnect with an adjacent public wate system to ensure a suffcient supply of supplemental
water so that the EWe water system satisfies all applicable Idaho Rules for Public Drng Water
System pressure and flow requirements with the largest (most critical) Ewe wate source out of
serce. EWe shall provide the Prelimina Engineerng Report for this interconnection to DEQ
for appoval by no later than July 31, 2007. EWC shall have the intercoimection installed and
operational by no late th December 31, 2007. EWe shall operte and maintain this connection
until such time as an alterative soure or sources of water are provided such tht EWC can
continue to satisfy Idaho Rules for Public Drng Water System pressure and flow requireents
with the largest (most crtical) Ewe wate source out of serice.
Staff Exhibit No. 103
Case No. EAG-W-08-01
Page 1 of 4
Robert V, DeShao, Eagle Water Company
Finl Engineerig Reprt
July 6.2007
Pagel
b. Install an automatic pressure reducing/sustaining valve (PSIR V) in the water system at Floating
Feather Road. EWC shall provide the Preliminar Engieerg Reprt for ths PS/RV to DEQ for
approval by no late than July 3 i, 2007. EWe shall have the PS/RV installed and opetional by
no late th Decembe 3 i , 2007.
4. EWe shall proceed in a timely maer to make the fonowing system modifications required to satisfy
system demad requirements forecast for the year 20l0:
a. Develop a 2,365 gallon-pe-minute (gpm) alternative source or soures of wate supply such tht
Idaho Rules for Public Drng Water System pressur and flow requirements ar satisfied
system-wide with the largest (most critical) EWC wate source out of ~cc. Ths supplemental
water may come from new wells, modifications to existing wells, interonnections with oth
public drking water systems or combinations theof. EWe shall provide the Prlinùar
Engineerng Reprt for tls alteative soure or sources to DEQ for approval by no late th
Septembe 30, 2007. The Prliminar Engineerg Reprt shall provide a more detailed
implementation schedule that will then be incorporated by reference into the Conset Order. EWe
shall have the new source or sources, as approved by DEQ, installed and opertional by no late
th Deember 3 I, 2008.
b. Modify the Well #2 booste pump station so tht the new station can produce a combined flow of
640 gpm at 148-feet total dynallc head while satisfyng Idaho Rules for Public Drng Wate
System redundacy requirements (largest pump out of serce). EWe shall provide the
Prelimi Engineerg Reprt for the boster station modifications to DEQ for approval by no
late th Marh 31, 2008. EWC shall have the modifications to the booste station, as appoved
by DEQ, installed and opertional by no late th November 30, 2008.
S. Ewe shall proceed in a timely maa to make the following system modification requird to satisfy
system demd requirements forecast for the year 2014: histall a more direct pipeline conection beteen
the sece area around Well #6 and the pipeline along Floating Feather Road as se for in th Final
Engieerg Reprt in.order to impove fire flows at the west end of th EWe serce ar whenever Well
#6 is out of sece. EWe shall provide th Prlimina Engieerng Reprt for ths pipe coruection to
DEQ for approval by no late th Mah 31, 2012. EWC shall have the loop intalled and opetional by
no later tha Decembe 3 i, 20 i 2.
B. Restrictions and CODdltoDS:
With regards to the above Action Items, DEQ iniposes the followig restrctions and conditions:
i. The Consent Order Final Engineerng Report is the fuctional equivalent of a Facility Plan as defined in
Section 003.34 of the Idaho Rules for Public Drnkng Wate System (IDAPA 58.01.08). To confomi to
requirements set fort in Section 503 of the Idaho Rules for Public Drnkng Water Systems, EWe shall
submit a Prelinûnar Engineerng Report (see definition in Section 003.72 in the Idao Rules for Public
Drnkng Water Systems) for any materal modification to the water system. After DEQ approves tht
Preliminar Engineerng Reprt, EWe shall then submit the plan and specifications for tht modification
to DEQ for approvaL. The Action Items involving system modifications reflect this requireent. DEQ
Staff Exhibit No. 103
Case No. EAG-W-08-01
Page 2 of4
Robert V. DeSb.o, Eagle Water Company
Final Engineerig Reprt
July 6,2007
Page 3
recognizes tht the Final Engieerng Reprt provided suffcient teclmical details for some of the prpose
modifications (namely Action Item A.3.b and A.4.b) such tht their Prelimiar Engineerng Reprt
could be fairly simple documents, pehaps even leneNtyle, referencing the Final Engineerng Reprt.
2. The Consent Order Prlimiar Engineerng Report implementation schedules for individual system
modifications do not addrss th reuirement for providing Preliminar Engieeng Reprt. Rather th
delayig the project by requiring such informtion to be provided in the Final Engineerng Report, DEQ
elected to work with EWC's engineer, MfC Engineers, Inc., to establish the dates indicated in tls letter. In
all caes, Ù1e plan and specifications will be submittd within 30 days after DEQ appoves Ù1e Prelimi
Engineerng Reprt. By agreement, these date wil beome par of the overll implementation schedule for
the Conset Order. For both the Prelimnar Engieerg Reprt and related plans and spifications, th
review and approval proess shall be as descbed in Pargrph 5 of the Const Order.
3. With ths appval of the Final Engineerg Report projects involving only water main (sewer mas ar
hadled seartely by the Eagle Sewer Distrct) ~J?e approved for constrtion, only, by either DEQ or a
Qualified Licen Professional Enginee working on behalf of EWC. However, Sanita Restrctions may
not be lifted by either DEQ or a QuaJified Licensed Professional Enginee until wrtt authorization is
provided by DEQ. DEQ wil provide this authorization after i) Action Items A.I and A.2 ar completed
and 2) the system modifications listed in Action Item A.3 are opertional (or close enough tht DEQ is
satisfied tht completion is a8W'd). .
4. For system modifications involving inteconnections (Action Items A.3.a and possibly A.4.a), the
PrJíinar Engineerng Reprt shall include calculations or modeling reults from Ù1e supplemta
wate supplier' demontrtig tht they can satisfy the nee of th EWC syst while contiuiø to meet
Idao Rules for Public Drng Wate System requirements in their own syste. Ths demonstron
shall be based on the EWe an supplemental wate supplier simultaeously expeencing similar ded
situtions (i.e., maimum daily demd with fire flow and peal hour demd) with all of th supplemta
water supplier's sources and booste pumps opetional.
5. EWC shaH not mae any new servce connections in the system's high prur zone until all Idao Rules
for Public Drng Water Systems redundacy requirmets for the main boste station have be met. If
redundacy is achieved by an intennection covered under another Action Item, then EWC shal provide
a Prelimina Engineerg Reprt for DEQ's approval tht demonstrtes tht Idao Rules for Public
Drnkng Wate pressur and flow reuirements in the high pressur zone ar met with the boster pump
out of sece. If redundacy is achieved though a system modification not coverd under another Action
Item, EWe shall follow standad Idaho Rules for Public Drnkng Water Syste predures by first
submittng a Prelimina Engieerng Report for DEQ's approval followed by plans and spcifications.
6. Assumng redWldacy requiremnts at the main boter station have be satisfied, th numbe of total
serce connections in the system's high pressW' zone shall not exceed 125% of the total numbe of
existig connections until EWC has demonstrted to DEQ's satisfaction tht all Idao Rules for Public
Drnkng Wate Systems stadby power requirements have been satisfied.
Staff Exhibit No. 103
Case No. EAG-W-08-01
Page 3 of4
.' ..
Robert V. DeSha, Eagle Water Compy
Finl Engineerig Report
July 6,2007
Page 4
C. RecommendatioDs:
DEQ feels that the following Final Engineeng Report Suggested Actions are parcularly importtand
encourges EWC to take the appropriate action:
1. Notify all customers in the system's high pressure zone that the main booste station curently does not
have puming redundacy or stadby power.
2. Keep the City of Eagle's plumbing inspctors and developers ¡nfonned as to what pa of th sece ar
have serce prssures greater th 80 pounds pe squae inch (psi).
Please call me with any questions at 373-0514, or contact me via e-mail atpeter.bairdeg.idaho.g9v.
lJIY'v-~
Peter S. Bair, P.E.
Tecluical II Engineer
PSB:sjt
Attchment: Approved copy of Final Engineeng Report
C: Tiffany Floyd, Drnkg Wate Manger, Boise Regional Offce
Mark Mason, P.E. Engineeng Manager, Boise Regional Offce
Stephaie Ebrght, Attorney Generl's Offce, DEQ State Offce
Monty Marchus, P.E., Boise Regional Offce
James M. Rees, P.E., MTC, Inc., 707 N. 27th St., Boise, Idaho 83702 (wi approved copy of Final
Engieering Report)
Molly O'lear, Richardson & O'Lear PLLC, P.O. Box 7218, Boise, Idao 83707
Rady Cobb, Idao Public Utilities Commssion
BRO Source File - Eagle Wate Coriany (wi approved copy of Final Engineering Report)
TSP&S Reading File
Staff Exhibit No. 103
Case No. EAG~W-08-01
Page 4 of4
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IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY
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In the matter of:UTILirlESCONSENT ORDER
Idaho Code § 39-108
Floating Feather Mobile Home Park
1. Pursuant to the Idaho Environmental Protection and Health Act. Idaho Code §§
39-101 through 39-130, the Idaho Department of Environmental Quality (Department)
enters into this Consent Order with Floating Feather Mobile Home Park (Floating
Feather). Floating Feather owns and/or operates a community public water system
(System), PWS 4010061, which serves 74 connections and approximately 225 persons
on a daily basis in Bo;se, Ada County, Idaho.
2. Quarterly samples taken from Floating Feather's System in 2006 and 2007
consistently exceeded the uranium maximum contaminant level (MeL) of 30 ~g/L,
specified in 40 CFR 141.66, incorporated by reference in the Idaho Rules for Public
Drinking Water Systems, IDAPA 58.01.08.050.
3. By letter dated July 18,2007, the Department of Environmental Quality, Boise
Regional Offce notified Floatíng Feather that the System was disapproved due to
exceedances of the uranium Maximum Contaminant Level (MCL).
4. The Department requested that Floating Feather meet with the Department in a
compliance conference to enter into a Consent Order. A compliance conference was
held on September 18, 2007.
5. Floating Feather hereby agrees to perform the following actions in the time
periods set forth in order to achieve compliance with Idaho Rules for Public Drinking
Water Systems, lDAPA 58.01.08: .
a. Public Notice. Effective immediately, Floating Feather shall provide
quarterly public notices concerning Department disapproval of the System due to
exceedances of the MCL for uranium and the health effects related to these
exceedances, in accordance with IDAPA 58.01.08.150, to each residence on the
System by mail or hand deliveiy.
i. Floating Feather shall continue to provide quarterly public notices until
such time as the Department notifies Floating Feather in writing that
quarterly notices are no longer required.
íi. Floating Feather shall 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 in accordance with IDAPA 58.01.08.150.
Floating Feather
Consent Order
Page 1 of 6
Staff Exhibit No. 104
Case No. EAG-W-08-01
Pa.ge 1 of6
b. Sampling. Beginning the quarter of October 1, 2007 through December
31, 2007, Floating Feather shall submit water samples from the System for
uranium analysis by a certified laboratory. All sample analysis results shall be
submitted to the Department. Floating Feather shall continue quarterly sampling
until such time as the Department notifies Floating Feather in writing that
quarterly sampling is no longer required.
c. Selection of Uranium Mitigation Option. No later than June 1, 2008,
Floating Feather shall complete one of the following mitigation options:
i. Enter into a contract with a professional engineer, licensed in
the state of Idaho, to evaluate various treatment options to mitigate
uranium, and provide written documentation of the contract to the
Department; or
ii. Submit page one (1) of the Department's Point Of Use (POU)
treatment application form indicating selection of the POU treatment
option as well as a completion date, subject to Department approvaL. for
implementing the POU treatment option, in accordance with IDAPA
58.01.08.450.02; or
iii. Enter into an agreement with an existing public water system for
interconnection and service, with a signed letter of agreement between
Floating Feather and an existing public water system for interconnection
and service in accordance with IDAPA 58.01.08. The letter must also
indicate a completion date which is subject to Department approvaL.
d. If Floating Feather elects to hire an engineer as per Paragraph 5.c.i,
Floating Feather shall complete the following actions within the specifted
timeframes:
i. No later than July 1, 2008, Floating Feather and the engineer
shall schedule and attend a uranium treatment pre-design meeting with
the Department.
ji. No later than January 1, 2009, Floating Feather shall submit to the
Department a Preliminary Engineering Report, per IDAPA 58.01.08.503,
explaining how the System will be brought into compliance with IDAPA
58.01.08. The Preliminary Engineering Report shall delineate the steps
that Floating Feather will take to obtain full compliance with IDAPA
58.01.08, including, but not limited to, the following:
a. Recommendations for actions to be taken to enable
Floating Feather to meet the requirements of IDAPA 58.01.08
including: identifying available alternatives to meet the uranium
Floating Feather
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Staff Exhibit No. 104
Case No. EAG-W-08-01
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MCl, and treatment, if necessary to meet all requirements of
IDAPA 58.01.08.
b. A fundíng plan to implement the recommendation selected
under the provisions of P'aragraph 5.d.ii. This plan shall include,
but may not be limited to, the amount of funding needed, sources of
funding, procedures and program requirements to secure fundìng
from those sources, and a schedule with milestones to obtain all
funding in a coordinated effort to implement the project.
c. A proposed project implementation schedule for the
recommendation(s) selected under the provisions of Paragraph
5.d.ii. The 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.
Hi. The Department shall review, comment and/or approve the
Preliminary Engineering Report as specified in Paragraph 6 of this
Consent Order. The approved Preliminary Engineering Report shall then
be considered the Draft Engineering Report Approved for Community
Comment.
iv. No later than fourteen (14) days after the Department approves the
Draft Engineering Report Approved for Community Comment,
Floating Feather shall serve notification to each consumer on the water
system. The notification shall specify where the Draft Engineering Report
Approved for Community Comment can be reviewed, invite written
comments, and schedule a community meeting no later than sixt (60)
calendar days after the Department's approval of the Draft Engineering
Report Approved for Community Comment. Floating Feather shall provide
the Department with copies of the above notification within ten (10) days
of completion.
v. Within sixt (60) calendar days of the Department's approval of the
Draft Engineering Report Approved for Community Comment. Floating
Feather shall hold a community meeting and record all comments.
Floating Feather shall ensure that the engineer, a Department
representative, and the Floating Feather Mobile Home Park and System
owners are present to answer questions.
vi. Within twenty-one (21) calendar days of the community meeting,
Floating Feather shall ensure that the engineer submits 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
Floating Feather
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Staff Exhibit No. 104
Case No. EAG-W-08-01
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approve the Revised Draft Engineering Report as specified in Paragraph 6
of this Consent Order until the Department advises Floating Feather and
the engineer that a Final Engineering Report may be submited for
approvaL.
vii. The conditions and completion dates in the Department approved
Final Engineering Report, including the detailed financial plans and the
work plan described in Paragraph 5.d.ii of this Consent Order shall be
incorporated by reference into this Consent Order and shall be
enforceable as provided by applicable law.
viii Within 30 days of completion of the items described in the project
implementation schedule of the Final Engineering Report incorporated by
reference in Paragraph 5.d.vii, Floating Feather shall submit record
drawings to the Department in accordance with Idaho Code §39-118 and
IDAPA 58.01.08.504.
e. If Floating Feather selects the POU treatment option as per Paragraph
5.c.H. Floating Feather shall complete the following actions within the specified
timeframes:
i. No later than July 1,2008, Floating Feather shall schedule
and attend a uranium treatment pre-design meeting with the Department.
iì. No later than September 1, 2008, Floating Feather shall submit
signed access agreements for all service connections, in accordance with
IDAPA 58.01.08.450.
iii. No later than January 1, 2009, Floating Feather shall submit to
the Department a complete POU Application Form which includes all
information required by IDAPA 58.01.08.450 and as itemized on page two
(2) of the POU treatment application form that shall delineate the steps
required to bring Floating Feather into full compliance with IDAPA
58.01.08. The Department shall review, comment and/or approve the POU
treatment application as specified in Paragraph 6 of this Consent Order.
iv. Floating Feather shall implement the POU treatment option in
accordance with IDAPA 58.01.08.450.02 and the Department-approved
completion date.
f. If Floating Feather selects the option for interconnection with an existing
public water system as per Paragraph 5.c.iii, Floating Feather shall submit to the
Department for approval, no later than July 1, 2008, a letter from that public
water system stating that they will be able to provide services to Floating Feather
and the proposed date of interconnection. Floating Feather shall ensure
Floating Feather
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Staff Exhibit No. 104
Case No. EAG-W-08-01
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interconnection and service is completed in accordance with the signed letter of
agreement and the Department-approved completion date.
6. Department Submittal Review Process. Unless otherwise set forth specifically
herein, the following document submittal and review process (Submittal Review
Process) shall be followed regarding submittals required by this Consent Order. 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 Floating Feather's submittal,
the Department shall 1) notify Floating Feather in writing the document is
approved; 2) notify Floating Feather in writing of any deficiencies in the
document; or, 3) notify Floating Feather of the Department's extension of the
Department's review and comment period. If the Department notifies Floating
Feather of deficiencies in the document, Floating Feather shall submit a revised
document to resolve those deficiencies within thirt (30) calendar days of receipt
of the Department's notice.
b. The Submittal Review Process shall be repeated until the Department
notifies Floating Feather the document is approved. However, the submittal must
meet the Department's approval within sixty (60) days from the due date for the
first submittal of the document, unless the Department provides Floating Feather
with a written extension of the sixt (60) day time frame. Floating Feather's failure
to obtain Department approval of a submíttal within such tìme frames shall
constitute a violation of this Consent Order.
c. Once the Department approves documents, they shall be incorporated
herein and enforceable as a part of this Consent Order.
7. All communications required of Floating Feather by this Consent Order shall be
addressed to:
Tiffany Floyd, Regional Drinking Water Manager
Department of Environmental Quality
Boise Regional Office
1445 N. Orchard
Boise, Idaho 83706
8. All notices, reports and submittals required of the Department by this Consent
Order shall be addressed to:
Leon Scott
Floating Feather Mobile Home Park
10601 Horseshoe Bend Road
Boise, Idaho, 83703
Floating Feather
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Case No. EAG-W-08-01
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.. I , .
9. This Consent Order shall not in any way relieve Floating Feather from any
obligation to comply with any provision of the Idaho Rules for Public Drinking Water
Systems, or any applicable local, state, or federal laws.
10. Floating Feather recognizes that failure to comply with the terms in this Consent
Order may result in 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.
11. This Consent Order shall retain in full force and effect until the Department
acknowledges in writing that the Consent Order is terminated and that Floating Feather
has fulfiled all requirements of this Consent Order.
12. This Consent Order shall bind Floating Feather, its successors and assigns, unti
terminated in writing by the Department.
13. 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 part to this document.
14. The effective date of this Consent Order shall be the date of signature by the
Director of the Idaho Department of Environmental Quality.
DATEDthiS~YOf~ ,2007.
~~onscoit #~ .~
Floating Featt1~r Mobile Home Park
DATEDthis ISJl'dayof Òc./o.ber
By: &"h \ '-
Toni Hardesty, Director
Department of Environmental Quality
,2007
Floating Feather
Consent Order
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Staff Exhibit No. 104
Case No. EAG-W-08-01
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