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HomeMy WebLinkAboutResolution 3064 Support of creation of Gallatin Water Quality District -_._---~------,._- COMMISSION RESOLUTION NO. 3064 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CONCURRING IN THE CREATION OF THE GALLATIN WATER QUALITY DISTRICT. WHEREAS, pollution and degradation of surface water and ground water pose both immediate and long-term threats to the health, safety, and welfare of the community of Gallatin County; and WHEREAS, the costs of water pollution incurred by the residents of Gallatin County may be considerable if preventive measures are not taken; and WHEREAS, the governing bodies of the cities and county do not currently have the resources available to implement programs needed to prevent water pollution; and WHEREAS, the creation of the Gallatin Water Quality District would provide the funding needed to protect, preserve, and improve the quali ty of water through implementation of an effective water quality program; and WHEREAS, a public meeting was held by the Gallatin County Commission on August 16, 1994, concerning the creation of a local water quality district in accordance with Section 7-13-4505, MCA; and WHEREAS, the County Commission adopted Resolution No. 1994-36 on the 16th day of August 1994, stating its intent to create the Gallatin Water Quality District; and WHEREAS, on the 17th day of October 1994, the City Commission adopted Commission Resolution No. 3020, concurring in the creation of the Gallatin Water Quality District; and WHEREAS, a subsequent public meeting was held by the Gallatin County Commission on May 23, 1995, concerning a revised resolution of intention to create a local water quality district in accordance with Section 7-13-4505, MCA; and WHEREAS, the Gallatin County Commission did, on the 1 st day of June 1995, adopt Resolution No. 1995-30, rescinding Resolution No. 1994-36 and restating its intention to create the Gallatin Water Quality District; and WHEREAS, in order for the Gallatin County Commission to include any incorporated city within the boundaries of the local water quality district the governing body of the city must approve the inclusion of the city in the district and the city must concur in the ----- ---- . ---.-:-:;;;;:;:" resolution of intention adopted by the Gallatin County Commission for the proposed water quality district. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana that it concurs with the Gallatin County Commission's Resolution of Intention, Resolution No. 1995-30, to create the Gallatin Water Quality District pursuant to the authority and procedures set forth in Title 7, Chapter 13, Part 45, Montana Code Annotated. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5th day of June 1995. J ATTEST: APPROVED AS TO FORM: J(~ - 2 - RESOLUTION NO. 1995- 30 A RESOLUTION OF INTENTION TO CREATE THE GALLATIN WATER QUALITY DISTRICT WHEREAS, pollution and degradation of surface water and ground pose both immediate and long-term threats to the health, safety, and welfare of the community of Gallatin County; and WHEREAS, the costs of water pollution incurred by the residents of Gallatin County may be considerable if preventive measures are not taken; and WHEREAS, the governing bodies of the cities and county do not currently have the resources available to implement programs needed to prevent water pollution; and WHEREAS, the creation of the Gallatin Water Quality District would provide the funding needed to protect, preserve, and improve, the quality of water quality through implementation of an effective water quality program; and WHEREAS, public meetings were held by the Gallatin County Commission on August 16, 1994, and May 23, 1995, concerning the creation of a local water quality district in accordance with section 7-13-4505, MCA; and WHEREAS, the Gallatin County Commission adopted Resolution No. 1994-36 on August 16, 1994, indicating its intention to create a local water quality district and Resolution No. 1995-26 on May 23, 1995, again indicating its intention to create a local water quality district; and WHEREAS, no further action was taken pursuant to Resolution No. 1994-36 for the reason that changes to the structure and administration of the proposed district were made fOllowing the adoption of Resolution No. 1994-36; and WHEREAS, Resolution No. 1995-26 replaced Resolution No. 1994- 36, which should have been rescinded; and WHEREAS, Resolution No. 1995-26 contains a provision allowing the withdrawal of an incorporated city or town from the local water quality district by July 1, 1997, which is not provided for in the law. NOW, THEREFORE, BE IT RESOLVED: 1. The Gallatin County Commission intends to create the Gallatin Water Quality District pursuant to the authority and procedures set forth in Title 7, Chapter 13, Part 45, Montana Code Annotated. 2. Gallatin County Commission adopts as its findings of fact supporting the necessity of the proposed district, the general ---- description of the territory or lands included in the district, the boundaries of the active, fee-assessed area of the district, a general description of the proposed water quality program, the initial estimated cost of the water quality program, and the initial proposed fees to be charged, as stated in the attached Exhibit A. 3. The Gallatin County Commission designates the Gallatin city-County Board of Health, with the addition of one member from the governing body of the town of Manhattan, one member from the governing body of Belgrade and one Conservation District Supervisor as the Gallatin Water Quality District Board of Directors. 4. This resolution replaces Resolution No. 1994-36 and Resolution No. 1995-26, which are rescinded. Dated this 1st day of June, 1995. GALLATIN COUNTY COMMISSION Not available for signature Kris Dunn, Chairman 9~J ~j{~, ~ne Jelins i, Member ~:/CJ~ Phil Olson, Member ATTEST: County 2 -.. ,.-...-...--.- -- - ------..--..- ___.__n...._ .----..------.- Exhibit A I. Introduction The residents of Gallatin County rely on clean and abundant water. Our water resources supply us with a clean, safe, healthy drinking \vater and provide us with excellent recreational opportunities. We have taken our water resources for granted in the past. We cannot afford to continue this. The water in some areas of Gallatin County has been polluted already and the potential for more pollution is very real. Contaminated water poses serious health and economic impacts to a community. It is with the realization that our water resources are very important to our future that Gallatin County, the Gallatin City-County Health Department, the City of Belgrade, the City of Bozeman, and the T own of Manhattan propose the creation of a local water quality district. The Montana Legislature passed a law in 1991 giving local governments the ability to form local water quality districts. The legislation speaks strongly of the need to protect water quality, and to prevent ground water contamination. The Act begins with a Findings and Purpose which states "Pollution and degradation of surface water and ground water pose both immediate and long-term threats to the health, safety, and welfare of citizens of this state. Because of the expense and difficulty of ground water rehabilitation and cleanup and the need to protect drinking water supplies, policies and programs to prevent ground water contamination must be implemented.". The purpose of the legislation is "...to provide for the creation of local water quality districts to protect, preserve, and improve the quality of surface water and ground water.". By creating a local water quality district, we, the community of Gallatin County, are taking responsibility for the quality of our water resources. The district will develop preventive measures needed to ensure a continued supply of clean water. The focus of the district will be education on preventing water pollution, protecting public water supplies, assisting individuals and businesses in managing a disposing of water contaminants, and research and monitoring. The district will assess improved properties a fee to be used solely to fund the activities of the district. It is important to note that the funding generated in the district would be used exclusively for the protection, preservation and improvement of water quality and cannot be diverted towards other uses. Revised: May 11. 1995 1 -- ...-.--- --... - -. ....----.- ---- II. Description of the Gallatin Water Quality District The Gallatin Water Quality District can be generally described as the Gallatin Valley Aquifer and its water sheds. The District specifically includes: TO\vnship IN, Range 3E, Sections 1-36 To\vnship IN, Range 4E, Sections 1-36 Tow"nship IN, Range SE, Sections 1-36 Towllship IN, Range 6E, Sections 1-36 To\vnship IN, Range 7E, Sections 1-36 TO\VI1ship IS, Range 4E, Sections 1-36 Township IS, Range SE, Sections 1-36 Township IS, Range 6E, Sections 1-36 Tow'nship 15, Range 7E, Sections 1-36 Township 2S, Range 4E, Sectiuns 1-36 Township 25, Range SE, Sections 1-36 Township 2S, Range 6E, Sections 1-36 Township 2S, Range 7E, Sections 1-36 To\vnship 35, Range 4E, Sections 1-36 T u\vnship 35, Range SE, Sections 1-36 To\vnship 3S, Range 6E, Sections 1-36 Township 3S, Range 7E, All Sections to the County Line Township 45, Range 4E, Sections 1-36 Township 45, Range SE, Sections 1-36 T o\'mship 4S, Range 6E, Sections 1-36 Township 5S, Range 4E, Sections 1-36 Township 55, Range SE, Sections 1-36 Township 55, Range 6E, Sections 1-36 Revised: May II. 1l)95 2 Gallatin Water Quality District (Area is bounded 0\' the thick. b!a(;k line.) . -- ,-..... t ~. ~ L....--, I . -: .,'r'," I '. ./. . / .;T' '\: -,' I' ,.. . ~ .~., - j f.- :.j ,> .;;) ~ . ,.. /.-'-. r ---~ "~F ~ . 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"'--, , =~_..:'~ ---; ".-' ....~ I'~ .' -: .......' '. . os H ~:':'. ~~= ~~,'~C ,.\' =,:-:-_~'.:'=,'y:~\- _ ~:.:..:.:::~::~.:~ ".:~_:::= ::_ ',.: -... .. ., -.. ~'~-'-;i1" '::t...Il.....,.-', " r-'~o ..,,~~- ..-..,' , ~~.,,~_,__ !'~ .. ~ __=~~~ ~. ..~~:~=L:~~S,~~ ~\~~~~~. - .. - .. . . .. . 7: - . -., Lc---~;::_ _...... ,,~~) ~ ~:-=JT>f.~.H~~:.:~4~ ~.. 1.....-... -:~..._....n .." . .... '. . -L-_ ---.- - H{-'.-"f.~=;-= c~,';: S~-:~~9~jij " Revised: May 11, 1995 3 -.--... III. General Description of the Proposed Program The goal of the proposed Gallatin Water Quality District is to protect, preserve, and improve the quality of surface water and ground water within the boundaries described in Section II. To attain this goal, the district will undertake the following program objectives: 1) Conduct a multi-faceted public education program. 2) Facilitate proper contaminant management. 3) Assess and monitor water quality. 4) Assist with developing wellhead protection programs for the Town of Manhattan and City of Belgrade. 5) Evaluate stormwater drains in Bozeman. A general description of the planned activities under each program objective follows: 1) Public Education The district will conduct a multi-faceted public education program to help people understand the importance of water quality protection and how they can prevent pollution. The edLlcation program will: . ... reach as much of the public within the district as possible. this will entail utilizing the media through public service announcements, periodical newspaper columns, and participation in talk shows. District personnel will give presentations to community groups and services organizations on a regular basis. . ... work in conjunction with other agencies involved with water education. This I,vill uni te efforts and prevent duplication of programs. . ... be a clearinghouse for water quality information. Informational publications. pamphlets. and brochures will be collected from existing sources and distributed by the district. The district will publish literature on subjects which are not covered in existing educational materials. The education material must include topics on: -the importance of clean water -basic water concepts -types and sources of pollution -reducing and/or recycling household hazardous waste -types of activities which may cause pollution -the effects of polluted water -the costs of prevention compared to remediation -get public involved in ownership of water -water quality lal,vs. rules and regulations Rcvised: May II, 1995 4 2) Facilitating Proper Contaminant Management Th~ district will investigate management options for used motor oil. used antifreeze, and for household and conditionally exempt hazardous waste collection. The current lack of options forces improper disposal of these substances into locallandtills, down public sewers, into storm drains, into septic systems, or on the ground. To facilitate proper contaminant management, the district will: . ... site and install one used oil collection tank during the first year. The service will be available to all residents within the active area of the district. In subsequent years, additional collection tanks may be sited. . ... work with the Pollution Prevention Program of the MSU Extension Service to explore alternative methods of hazardous waste disposal for businesses. . ... work with local government bodies, agencies, and assorted organizations to begin developing a comprehensive hazardous waste reduction and recycling plan. This will pool resources and unite efforts. 3) Begin Assessing and Monitoring Water Quality The long tenn goal for the district will be to compile existing water information in a central library, enter it in a data base, geographically map it, and obtain a "big picture" of our water resources. A long tern1 monitoring plan will be developed to augment and update existing data. The information will be available to other agencies and to the public. This compilation of data will be used by the district to prioritize water quality issues. Initially, the district will: . ... research and gather existing data and studies dealing with water quantity and quality within the active district. This existing data will be assembled into a "big picture". . ... assess the vulnerability of public water supplies within the active district. The district will apply for waivers from certain monitoring requirements if such action is supported by the vulnerability assessment. . ... explore the option of monitoring USGS wells within the district for the Muntana Bureau of Mines and Geology. I) ... begin data base of water quality data. The data base will continually be updated. Revised: May 11, 1995 5 --....,..- . ... develop a citizen monitoring program. The district will train a group of volunteer homeowners on properly monitoring the static water level in their wells and properly taking a valid \vater sample. The district \vill supply the volunteers with monitoring equipment and will set up a fund to pay for the required analysis. 4) Wellhead protection for municipal wells The Town of Manhattan and City of Belgrade obtain their drinking water from wells. Both cities recognize the need to protect the areas upgradient of their wells. These upgradient areas recharge the wells with water and any pollution event in this upgradient area has the potential to contaminate their water supply. Wellhead protection programs are an effective means of preventing pollution of public water supplies. The district will: . ... apply for Wellhead Protection Demonstration Grants which are periodically available. Grant money received would be utilized by the cities to develop a wellhead protection program. . ... assist in the funding and development of a wellhead protection program if the grant money is not available. . ... assist the cities in the administration of the wellhead protection program. 5) Storm drains in Bozeman Many stonn drains within the City of Bozeman discharge into Bozeman (Sourdough) Creek. Studies such as the Blue Ribbons o/the Big Sky Areawide Planning Organization, Final Report and Water Quality l'vianagement Plan have shown that the water quality has been signitlcantly degraded during runoff evenrs. The district will: . ... review the Clean Water Act as amended and re-authorized. The impacts and implications of this legislation to the City of Bozeman regarding the stonn drains \vill be identified. . ... analyze and evaluate the existing storm drain system to determine compliance with the requirements of the Clean Water Act. . ... assist in long term solutions to the water quality degradation effects from stonn drain system. Assistance may come in the form of assisting in a feasibility study, assisting in the development of a capital improvement plan to implement remediation, and long term analysis and evaluation of storm water quality. Revised: May II, 1995 6 -...--.---... IV. Proposed Fees (Fiscal Year 1996 - 1997) Fees "vi II be assessed to all fee-assessed units "vi thin the Active Portion 0 f the Gallatin \Vater Quality District. "Fee-assessed units" is de tined as all real property with improvements, including taxable and tax-exempt property as shown on the property assessment records maintained by the Montana Department of Revenue, and mobile homes as defined in 15-24-201 Montana Codes Annotated. Parcels with water withdrawals for irrigation and livestock use and related water disharges will not be assessed. \Vithin and outside the incorporated boundaries of Bozeman, Belgrade, and Manhattan $6.00 annually V. Projected Revenues (Fiscal Year 1996 - 1997) Fee-assessed units within the incorporated boundaries of Bozeman, Belgrade, and Manhattan Residential and Commercial Improved Properties Bozeman 6,473 Belgrade 1,184 yIanhattan 491 Totals 8,148 .."ee-assessed units outside the incorporated boundaries of Bozeman, Belgrade, and Manhattan Residential and Commercial Improved Properties Totals 7,843 Total Projected Revenues Fcc-assessed Units Annual Fees Revenues 15,991 $6.00 $95,946 Rc;vised: May II, 1995 7 .. --"...-.--..- ..--. ..- ----- - VI. Proposed Budget (Fiscal Year 1996 - 1997) PROPOSED BUDGET Public Education Objective (detailed below) $11 ,400 Contaminant Management Objective (detailed below) $9,400 Assessing and Monitoring Objective (detailed below) $27,550 Wellhead Protection Objective (detailed below) $12,550 Storm Drain Objective (detailed below) $10,500 Office operations $ 9,000 Computer software $2,266 Vehicle $5,000 lnterlocal agreement $7,333 Travel $1,500 Education $500 TOTAL $96,999 1. Estimated Budget for Public Education Objective Water Quality Specialist 0.1 FTE $3,500 Environmental Health 0.15 FTE $4,500 Specialist Secretary 0.05 FTE $900 Printing $2,500 2. Estimated Budget for Contaminant Management Objective Environmental Health 0.15 FTE $4,500 Specialist Secretary 0.05 FTE $900 Facilities $3,000 Disposal $1.000 3. Estimated Budget for Assessing and Monitoring Objective Water Quality Specialist 0.45 fTE $15.750 Intern $6.00/hr $2.500 Secretary 0.1 FTE $1,800 Equipment $5,000 Lab cests $2.500 Revised: May 23, 1995 _____________ ... ..._...____.__.__.__m_..__."._."..____ -.-----....---