HomeMy WebLinkAboutPR 14576: SCS ENGINEERS - GROUNDWATER WELL SPACING @ LANDFILLPUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO Steve Fitzgibbons, City Manager
FROM John A. Comeaux, P.E., Director of Public Works
SUBJECT P.R. # 14576 -Landfill Subchapter J -Demonstration for Broader Spacing
of Groundwater Monitoring. Wells
DATE February 19, 2008
RECOMMENDATION
It is recommended that the City Council approve Proposed. Resolution No. 14576
authorizing the City Manager to execute an agreement with SCS Engineers of Bedford,
Texas to provide services required by new Municipal Solid Waste (MSW) rule Subchapter J
in the amount of $14,200. Funds are available in Account No. 403-1274-533.54-00 in the
Public Works Solid Waste. Division FY 2008 Budget..
BACKGROUND
The Texas Commission on Environmental Quality (TCEQ) has passed new MSW rule
Subchapter J with a compliance date of March 27, 2008. This new rule requires landfill
groundwater monitoring wells to have 600 foot spacing unless a demonstration fdrbroader
well spacing is approved by the TCEQ. Full compliance with this rule would require the
installation of 1l new wells. SCS Engineers proposes a demonstration that would reduce
the number of new wells from 11 to 6. Thiswould save the City approximately $2,000,000
in 2008 dollars over the life of the site. Each new well will cost approximately $400,000
over the life of the site.
BUDGETARY/FISCAL EFFECT
Funds are available ih the Public Works Solid Waste FY 2008 Budget, Account No. 403-
1274-533.54-00.
STAFFING/EMPLOYEE EFFECT
Acceptance of this recommendation will have no effect on staffing levels.
SUMMARY
It is recommend thatthe City Council approve Proposed Resolution No. 14576 authorizing
the-City Manager to execute an agreement with SCS Engineers of Bedford, Texas to
provide services required by new MSW rule Subchapter J in the amount of $14,200. Funds
are available in Account. No. 403-1274-533.54-00 in the Public Works Solid Waste Division
FY 2008 Budget.
~ I P.E-
John A. Comeaux, P.E.
Director of Public Works
JAC/psb
Z:/Katherine/Cams/Landfill subchapter J 2008
P.R. No. 14576
02/19/08 psb
RESOLUTION NO.
A RESOLUTION AUTHORIZING. THE CITY MANAGER TO EXECUTE
AN AGREEMENT. WITH SCS ENGINEERS OF BEDFORD, TEXAS TO
PROVIDE SERVICES REQUIRED BY NEW MUNICIPAL SOLID
WASTE (MSW) RULE SUBCHAPTER 7 IN THE AMOUNT OF
$14,200; FUNDING BEING AVAILABLE IN FY 2008 ACCOUNT NO.
403-1274-533.54-00.
WHEREAS, the Texas Commission. on Environmental Quality (TCEQ) has
issued a new MSW Rule concerning groundwater well spacing titled subchapter J; and,
WHEREAS, the City desires to minimize the total cost_of implementing this new
rule; and,
WHEREAS, to minimize the compliance costs and-to ensure that. expenditures
are cost effective, a site. specific analysis of various design alternatives is warranted;
and,
WHEREAS, SCS Engineers' can perform this analysis for a cost of $14,200 as
denoted in Exhibit "A"and,
WHEREAS, SCS Engineers has extensive. experience with the Landfill's
groundwater; now, therefore,
BE. IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, the City Manager be and he is hereby authorized to execute an
-agreement. with SCS Engineers of Bedford, Texas to provide services required by.new
_ ~ - P.R. No.14576
Page #2
MSW rule subchapter J in the amount. of $14,200, funding being. available. in fiscal year
2008 budget Account No. 403-1274-533.54-00 in substantially the same-form as
denoted in Exhibit "A"; and,
THAT a copy of the caption of this Resolution be spread upon the. Minutes of the
City Council.
READ, ADOPTED AND APPROVED this day of
A.D.2008
at a meeting of the City of Port Arthur; Texas by the. following vote:
Ayes: Mayor:
Councilmembers:
Attest:
Acting City Secretary,
APPROVED AS TO FORM:
Mayor
i w ~ ~Y~ `~
City Attorney
P.R. No. 14576
Page 3
APPROVED FOR ADMINISTRATION
Steve Fitzgibbons
City Manager
~ John A. Comeaux, P.E:
Director of Public Works
APPROVED AS TO AVAILABILITY OF FUNDS
Rebecca Underhill
Finance Director
file z:\resolutions\landfill subchapter J 2008
EXHLBIT "A"
Environmental Consultants
and Controc}ors
January 24, 2008
Proposal No. I6087207
Mr. John A. Comeaux, P.E.
Director of Public Works
City of Port Arthur
444 4"'-Street
Port Arthur, Texas 77641
1901 Centrol Drive
Suite 55D
Bedford, Texas 76021
o~~ 571-2288
FAX 8 7 7 571-2188
wwwscsengineers.wm
Subject: Proposal.to Provide Services Required by New MSW Rule Subchapter J:
Recommendations to Minimize Subchapter J-Related Costs
and Permit Modification Request to Comply With Subchapter J
City ofPort Arthur Landfill
Port Arthur, Texas
Deaz Mr. Comeaux:
SCS Engineers (SCS) is pleased to present this proposal to provide services that aze required by the
new Municipal Solid Waste (MSW) rule Subchapter I, which is entitled "Groundwater Monitoring
and Corrective ~lctian", and encompasses new solid waste rules 30 TAC 330.401 through 30 TAC
330.421. Complying with Subchapter J will poteatially be very costly to landfill owner/operators.
To minimize these compliance casts and to ensure that expenditures are cost-effective, asite-
specific analysis ofvalious design alternatives is warranted. The services described here include {1)
analysis and recommendations for minimizing the cost of Subchapter J, and (2) a pemtit
modification with public notice to comply with Subchapter J, implementing a design alterative from
step (7).
The current, approved groundwater monitoring system for the Port Arthur Landfill consists of ]6
monitoring wells, including eight already-installed wells and eight approved but not-yet-installed
wells. As will be more fully descnbed later in this proposal, the potential impact of Subchapter I is
to increase the number of required. monitoring wells from 16 to 27 wells. In view of the remaining
life of the landfill (estimated to be over 60 years) and the 30-yeaz post-closure period the
installation of a monitoring well that will be monitored for over 90 years is a significant financial
commitment. Assuming that SCS could reduce the number of new wells by 45% (i.e., from 1 ] to
6), the savings for the City would be approximately $2,000,000 in 2008 dollars over the life of the
site. The cost of just one additional monitoring well at the City of Port Arthur Landfill is estimated
to be $400,000 over the life of the site. Therefore, careful analysis is warranted to determine if the
number of monitoring wells can be reduced.
Our recent experience with the City of Port Arthur Landfill Groundwater Sampling and Analysis
Plan (GWSAP) Subchapter F permit modification and other ongoing groundwater-related work will
allow SCS to provide cost-effective services that reflect our latest understanding of TCEQ and the
new solid waste rules that were adopted in March of 2006.. SCS has appreciated the opportunity to
provide groundwater monitoring services thus faz, and we look forward to continuing this business
relationship with the City.
F:IBIriPmp°selssPon ArthufiGw12DO8tP012408 Ih Arthur Sub-l.doc
Offices Nationwide
January 24, 2008
Mr. Iohn A. Comeaux, P.E.
Page 2 -
REGULATORY BACKGROUND
The new Chapter 330 rules were adopted in March of 2006. The first groundwater-related change
necessitated by the new Hiles was the requirement to file a GWSAP permit modification to adopt
the Subchapter F laboratory quality assurance/quality control requirements. SCS, on behalf of the
City, submitted this GWSAP permit modification request in September 2006, and. the request was
approved by TCEQ in their letter dated April 3, 2007. The permit modification incorporates
Subchapter F 3aboratory quality assurance/quality control requirements.
The next groundwater-reiated rule change-and the subbed of this proposal-is'the Subchapter J
rule entitled °Groundwater Monitoring and Corrective Action". This new rule. encompasses new
solid waste rules 30 TAC 330.401 through 30 TAC 330.421. Subchapter J nrle 330.401(b) states
"Owners and operators of. landfill. units shall comply with the 2006 revisions to this
' subchapter by applying for a permit modification with public notice in accordance with
305:70(1) of this title to revise any inconsistent permit provisions within two years from the
effective date ofthe 2006 Revisions. "
Subchapter J includes many revisions to the previous groundwater. monitoring rules, and will
necessitate substantial revisions to Attachments 5 and I1 {GWSAP). These revisions aze further
described in "Scope of Work", below.
SITE BACKGROUND
The Port Arthur Landfill has. eight installed groundwater monitoring wells.. The groundwater
monitoring system was certified in April, 1996 with these eight wells. Monitoring wells MW-1
through MW-6 were installed in ]987 and MW-7 and MW-8 were installed in 1996. The eight
existing wells were effectively re-approved for monitor~g the 1815A site as part of the
groundwater monitoring system with TCEQ's issuance of the permit amendment on June 22, 2006
The previously closed Site. 0009 became part of the currently pemritted area with the issuance of
this Amendment (No. MSW 7815A); In order to monitor the 0009 site, the TCEQ approved an
additional 8 wells (not yet installed), for a site fora] of 16 wells that make up the currently approved
_ system. Ail of these ]6 monitoring wells in the approved groundwater monitoring system are-
located downgradient-with-the additional azea incorporated by the permitamendment, there aze no
longer any upgradient wells.
SCOPE OF WORK
- _ ---- - .an~cu c.vses
The new Subchapter J rule contains significant° and potentially costly changes related to
groundwater monitoring. The Task ] scope of work consists of providing recommendations
c F.agp~p~O-~,~ypo„NUmAGk^]W6W013~A nnhor 5ub)arc
January 24, 2008
Mr. John A. Comeaux, P.E.
Page 3
regazding how the City of Port Arthur can best manage these changes for its Landfill in order to
minimize cost impacts associated with the new rule. The recommendations will focus on well
spacing/cost issues. Subchapter T costs through the expected life of the Landfill will,be detailed:
The report can be used as a basis for further planning and lowering compliance cost
The recommendations will include analysis and recommendations regarding well spacing issues..
New Subchapter J Wile 30 TAC 330.403(a}(2) states that downgradient wells must be spaced no
more than 600 feet apart, or a Technical Demonstration must be submitted to justify spacing greater
than 600 feet The current downgradienf well spacing at the City of Port Arthur Landfill is about
782 feet (see Figure 1). As previously stated, there aze no upgiadient wells at the site. Preliminary
analysis df the City of Part-Arthur Landfill indicates the potential impact of Subchapter J is to
- increase the number of required- monitoring wells from 16 to 27 wells (see Figure 2 .
Recommendations will be provided on the most cost-effective approach to address the new well.
spacing rule. These recommendations will include determining-the most cost-effective combination
of plugging and well installation to achieve maximum cost savings over the life of the landfill.
The Task ]Recommendations will provide:
(1} Map of current wells
(2} Table ofwell coordinates and existing well spacing
{3) Summary of site geology-and hydrogeology issues that could affect well spacing
considerations
(4) Summary of existing contamination issues that could affect well spacing considerations
(5) For cost analysis. considerations, atable and map ofproposed wells for various scenarios
that may comply with the 600-foot spacing requirement
(6) The associated cost of installing the proposed wells, and resulting additional monitoring
costs
(7) Groundwater flow net graphical analysis that may be used to justify fewer.wells
(8) Discussion ofgronndwater computer flow modeling application.
- (9) Analysis of alternatives (such as a Technical Dea~oastration of adequacy of existing.
spacing)
(10) Recommended timing of Subchapter J Permit Modification Submittal
The report provided to the City will include recommendations regarding the permit.modification
described in Tasks 2 through 4 below. This report will be for City use-only, and will not be
submitted to the TCEQ since it-contains budget, planning and other site-specific information for
internal City use That is not appropriate for. TCEQ submittal. However, substantial portions of the
report aze expected to be incorporated into the Permit Modificatan described below.
Following the Ciry's concurrence with the Report recommendations, SCS will proceed with Tasks 2
through 4 below.
F:~BDY:owsahiPOn ArtWCGN'~30U6~P0~2~09 Pt M!ur SuD).Grc
January 24, 2008
Mr. John A. Comeaux, P.E.
Page 4
Task 2-Revise Attachment 5 for per®it Modification
For Task 2, SCS will revise Attachment 5 of the Site Development .Plan to include a new
groundwater monitoring system that is in compliance with-the new Subchapter J Ruie. 'Phis task
will include revising Attachment 5 text, tables, and any figures that illustrate the groundwater
monitoring system that is proposed for compliance with Subchapter J. If Task 1 results indicate it is
feasible to provide a Technical Demonstration of the adequacy of existing well spacing in any part
of the monitoring system, these results will be incorporated into Attachment 5.
Task 3-Proviide New Groundwater SamnlinQ and Analvcis Plan for Permit Modification
The approved GWSAP will be modified to .incorporate the many administrative changes and
additions required under Subchapter J,, including additions. to detection monitoring repoziing
requirements and changes in assessment monitoring and corrective measures requirements.
Specific Subchapter-J requirements that will be incorporated into the new GWSAP include:
• re~rhng requirements
• map requirements
• testing constituents changes
• statistical methods
assessment methods procedures
• corrective methods procedures
In addition to Subchapter-J changes, the GWSAP will also incorporate the new requirements of 30
TAC 330.63(f), "Groundwater Sampling and Analysis Plan". This rule stipulates GWSAP
addirions that were not previously required under the old rules, such as a topographic site map,
analysis of most.likely pollution pathways, and characterization of any detections of the 40 CFR
Part 258 constituents.
Task 4-Prepare Permit Modification with public Notification
Subchapter J rule 330.401(b) states that the Subchapter J permit modification requires public notice
in accordance with 305.70(1). Therefore, SCS will prepare an updated landowners map and updated
landowners list, as required under 30 TAC §305.70(e)(5). These will be attached.to a draft permit
modification with the appropriate TCEQ Part I/Form 0650 pages for review by the City. The permit
modification will include a revised Attachment 5, new GWSAP, and possibly a Technical
Demonstration of the existing well spacing, as determined in Task 1. The Permit Modification is
expected to incorporate applicable portions of the Task 1 Report, as necessary to justify the
proposed monitoring system.
City comments on the draft permit modification will be incorporated into a final draft for submittal
to TCEQ. After TCEQ determines the modification request is technically complete, SCS will post
the modification request on the SCS web site and provide the TCEQ with the web link for the
application materials, as required under 30 TAC §330.57(i)(I). Notice of the modification wiI] be
F!bpAvyp441Yan MEMLWJLOEI}b1~iG5 h Mhw Sop}.Ett
January 24, 2008
Mr, John A. Comeaux, P.E.
Page 5
sent by SCS to all affected persons, as defined under 30: T-AC §30.413; and in accordance with 30
TAC §106. This scope of work and fee includes payment of the $150.00 applicafion fee for a
permit m[xlificatinn application, as required under 30 TAC &330.59(h)fl), and in accordance with
30 TAC §305.53_
Additional Services '-
The following services are not a part of this scope, and will be considered additional services. No
such additional services will be initiated by SCS prior to receiving the City's approval:
• Responses to TCEQ correspondence requiring in excess of four hours
• Preparing for or attending meetings with TCEQ
FEE
SCS proposes to provide the previously described services in Tasks 1 through 4 far the lump sum
fees as listed in the following cable. Invoicing for these tasks will be monthly, on a percent-
comptetebasis.
Task Descri lion Fee
1. Subcha ter J Recommendations $5,800
2. Revisc Attachment 5 3,700 ,-
3. Provide new Groundwater Sampling and Analysis Plan
3,5(10
4. Permit. Modification with Public Notice -
1,200
Totes! $14,200
- - Ft611VmpeubWOr. MIevIGW,]WgVpp12CO8T Art~in SuDl.Ox
January 24, 2008
Mr. John A. Comeaux, P.E..
Page 6
SUN1gdffAdtY _
We appreciate the opportunity to be of continuing service to the City of Port ARhur. For your
wnsideration, we are including a short form agreement. As with our other projects, you wi11 note.
that this agreement contains the same terms that the City has previously agreed to. We are available
to discuss this with you at your convenience: If you have any questions, please contact us at(817}
571-2288.
Sincerely,.
K m D. Yard, P.E., CEE
Vice President
SCS ENGIPTE)H~.S
U -
James Lawrence, P.G.
Project Manager
SCS E1VG7NEERS
ce: Ross Blackketter, P.E: (w/ att.)
Gerald Robinson (w/att.)
Michae] Tentrup (w/ att.)
Attachments: Agreement Form
F~BDWvpas~6~l•m~Mt~m~LN~2ppg~Fpt]KQ R MSe SO>]AOc
AGREEMENT BETWEEN SCS ENGII~rEERS AND CLIENT
FOR PROFESSIONAL SERVICES
This Agreement is made by and between the City of Port Arthur, Texas {hereafter "Client"}, and
SCS Engineers (hereafter "SCS"). _
WITNESSETH
That for the considerations set forth below, the parties agree as follows:
]. Scope of Services: SCS shall provide services (hereafter "Serviczs") for providing
Crroundwater Monitoring Services, as defined in SCS' letter of January 24, 2007, as directed by the Client, in
accordance with the terms and conditions of this Agreement.
2. Basis of Compensation: Not to exceed contract total of $14,200.
3. Method of Invoicing: monthly on a percent complete basis
4. Professional Retainer: not applicable
5. Other Terms: not applicable
6. General Conditions:
a. Payments for invoices prepared by SCS are due and payable upon receipt Payments due SCS under this
Agreement shall be subject to a service chazge of one and one-half (1-1/2) percent per month for invoices not
paid within thirty (30) days after the date of receipt of invoice.
b. Client agrees to pay all costs and expenses of SCS, including reasonable attorney fees, arising out of or in
connection with collecting amounts for which Client is responsrble pursuant to this Agreement
c. This Agreement may be terminated by either party upon 15 days' written notice to the other party. Upon
termination, SCS shall be paid for all Services rendered fo the date of termination together with any
termination expenses incurred.
d. Any work in addition to that described in Article 1 above performed at the request of the Client shall be
compensated on atime-and-materials basis at the rates contained in SCS' Standazd Fee Schedule in effect at
the time of performance of the Services, said schedule being attached hereto.
e. The parties hereto shall each maintain in full force and effect Commercial General. Liability insurance with
coverage limits, which aze reasonable in light of the Services to be undertaken, and Workers' Compensation
Insurance as required by law. SCS will maintain liability insurance in the minimum amount of $ ] ,000,000.
f. Any drawings, specifications, reports, data and notes developed pursuant to this Agreement aze
instruments of service, and as such the original documents, tracings, and field notes aze and remain the
property of SCS. Copies will be made available to the city upon request.
g. Neither patty shall delegate ifs duties under this Agreement without the written consent of the other party.
-Each party binds itself to the successors, administrators and assigns of the other party in respect of all
covenants of this Agreement.
h. The parties agree to the following allocation of liability in the projects undertaken hereunder. The parties
agree that SCS' liability under this Agreement and for the Project shall be limited to the amount covered, if
any, by SCS' liability insurance then in effect, or the amount of SCS' total fees hereunder (whichever is
greater}. The Client may pay-for the-assumption of additional liability by SCS as a separate line item in
Article 2 above.
i. Unless otherwise expressly staled in the Scope of Services, SCS shall have no responsibility for site health
and safety, except with respect to the activities of SCS and its subcontractors. In no event shall SCS be
responsible for the means, methods or manner of performance of any persons other than SCS and SCS'
subcontractors.
j. Client agrees that SCS will not be responsible for liability caused by the presence or release of hazardous
substances or contaminants at the site, unless the release results from the sole negligence of SCS or its
subcontractors. The Client will either make others responsible for liabilities due to such conditions, or will
indemnify, defend and save harmless SCS from such liabilities. At no time shall title to hazardous
substances, solid wastes, petroleum contaminated soil or other regulated substances pass to SCS, nor shall
any provision of this Agreement be interpreted to permit or obligate SCS to assume the status of a
"generator," "owner," "operator," "transporter;' "arranger" or "treatment, storage or disposal facility" under
state or federal taw. The provisions of this Article 6j shall survive any termination of this Agreement.
k. SCS shall he entitled to rely on, information provided by Client. SCS shall be entitled to an equitable
adjustment in the price and schedule, as agreed by the Client, if conditions differ materially from information
provided by Client, or differ from what could reasonably he:anticipated given the nature of the Services.
7. For the purposes of this Agreement, the term "SCS Engineers" shall mean Steams, Conrad
and Schmidt Consulting Engineers, Inc.
8. This contract is subject to the annual budget process of the Ciiy and the availability of funds.
If the City is not. able to budget funds, then SCS will be notified accordingly.
IN WITNESS WHEREOF, the patties have caused this Agreement to be executed by their duly authorized
representatives as of the last date written below.
SCS ENGINEER -- /
BY: ~it~
NAME: Kevin D. Yard, P.E., BCEE
TITLE: Vice President
CITY OF PORT ARTHUR, TEXAS:
BY:
NAME:
TITLE:
DATE: DATE:
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