STORMWATER BOARD MEETING

MINUTES

JULY 21, 2004

I.        Call to Order.

          James Moegling called meeting to order

II.       Attendees.

          All Board members were present for the meeting:

          James B. Moegling

          James P. Hoff

          Ken DeFoor

          Clyde S. Sawyer

          Milton L. Jackson

          Frank Douglass Stein

          Ray Adkins

          Mary (Cissy) May

          Harry E. Tate

          Also attending:

        Naveed Minhas, City Engineer

          Bill Payne, Stormwater Manager

          Doug Fritz, Water Quality Coordinator

          Carolyn Fisher, Stormwater Secretary

III.      Approval of Minutes for June.

        Approved by vote

IV.     Mr. Liebich will not attend.

          Was scheduled for appeal of his Stormwater fee.

        Called and cancelled.

V.      Bill Payne spoke Re Packet that was mailed to Board Members.

·        State Enabling Legislation – Fee – State Document

·        Not a tax – is a fee

·        Board appointed to regulate – per State Legislation

o       To hear appeals

o       Other Administrative decisions – could override management decisions

o       Overall planning and Budgeting

o       Board to attend these meetings – crucial to provide input

o       Recommendations

o       Annual updated report to Mayor and Council

o       Citizen complaints/re Policies, Established Policies, Decision based on process by Management/Staff – Then Citizen may go to Board rather than Council

o       Staff responsibility to Board - Committed to attend – present information/agendas to  Board

o       Prepare Minutes

o       Recommendations from Staff for Board decision

Question:     Harry Tate – “Does the County have similar stormwater program?”

Answer:       Bill Payne – “They are in Phase II for March 2003 and implementing their program – not as many requirements.”

Question:     Jim Moegling – “Are we coordinating with the County?”

Answer:       Bill Payne – “Yes.”

Question:     Harry Tate – “Is the City the only one charging a fee?”

Answer:       Bill Payne – “The County is preparing to charge for urbanized areas. The City of Chattanooga will not be charged the County’s fee.  Signal Mountain AND Red Bank have independent fees.  Walden is trying to get in with the County.  East Ridge, Soddy-Daisy and other municipalities are combining with the County.”

Question:     Jim Moegling – “Isn’t the program for having clean water?”

                   Bill Payne – Explained City’s responsibility re: “Waters of the State” (field screening, etc). 219 outfalls empty to
”Waters of the State”. Our primary responsibility is to clean runoff before it enters “Waters of the State”.  We also respond to all illicit discharge reports regarding “Waters of the State” status.

Question:     Douglass Stein – “How come the City is under a Notice of Violation?”

Answer:       Bill Payne – The State and the EPA basically went through our program and made determinations of our violations.  The goal of the Permit is to not add to pollution.”

Comment:    Jim Moegling – “Monitoring.”

Comment:    Douglass Stein – “Our charge is to clean up water – reduce pollutants.”

                   Bill Payne agrees.

Comment:    Douglass Stein – “We can get lost in mechanics and lose sight of the goals.” – Wants the Board to do something to also clean water.

Comment:    Milton Jackson –   Has discussed with Georgia EPA regarding pollution to tributaries – explains how we work with EPA to work towards cleaning up.

Comment:    Bill Payne – “This is one reason why the Board is not just an ineffective mechanism – we need to stay focused on compliance.”

Question:     Jim Moegling – “What are our requirements as to our outflow?”

Answer:       Bill Payne - “No numerical limits for stormwater.  We do have to reduce pollutants (MEP) Maximum Extent Practicable.  Numerical limits could come with T.M.D.L. (Total Maximum Daily Load”

Comment:    Ken DeFoor – “Waste Water (Moccasin Bend) – heard many stories about Moccasin Bend.  Very interested about being involved in this Board because of Moccasin Bend.”

Comment:    Bill Payne – “Moccasin Bend Treatment has their own NPDES program and no violation in last quarter.”

Question:     Jim Moegling – What are consequences of not complying with the permit?”

Answer:       Bill Payne – “After the second review, we still have  violations.  We have committed to completion dates to meet and could be issued penalties (per day) if dates are not met.”

Answer:       Bill Payne – “The City began collecting the fee in 1993 and 3 years later got a Permit in 1996.  People’s expectations were all about drainage.  Education was insufficient.  We have hired an Education Coordinator in 2003 and will improve again this year.”

Comment:    Bill Payne – “TMDL is going to allow so much sediment (example). Automatic sampling and monitoring is being implemented so we will already be in place when TMDL does come….we will have documentation of our pollutant loads.”

Question:     Milton Jackson – “Do we know what all industries discharge?”

Answer:       Bill Payne – “These are being monitored (4 to 8 samples per year.

Comment:    Doug Fritz explained further – “Violations are reported to the State – we are responsible to do this – reviewed what can be discharged legally – rain events – reducing – we are charged to find and eliminate these pollutants.”

Question:     Milton Jackson – “Is testing water only 6 times a year enough?”

Answer:       Bill Payne – “Field screening of 219 outfalls a year – wet weather sampling after 72 dry hours and 1/2” of rain.”

                   Bill Payne – Explained spill response.

                   Bill Payne – (See Overview sheet provided to Board members) 179 activities – Education (fliers, Home Show, etc.)

                   Bill Payne reviewed the spreadsheet and where we are as to the Permit – CORE issue.

Question:     Jim Hoff – “How are completion dates determined?”

Answer:       Bill Payne – “Through discussion with the State and EPA.”

Question:     Harry Tate – “Is Stormwater adequately staffed?”

Answer:       Bill Payne – “We have added some more personnel – 5 now and 3 being added (erosion/soil personnel).  These are under Doug Fritz.  A Water Quality Manager position being added this year.”

Question:     Milton Jackson – Continued to pose other questions as to why these sites are not part of monitoring as to ground water.

Answer:       “Permit is for surface water only.”

Comment:    Bill Payne – Continued review of the spreadsheet referring to the As Found inventory and the team that has been picked to finish drainage by June, 2005 – working with Regional Planning Agency.

Comment:    Doug Fritz – “Bringing on the new Board was to re-define what is needed.”

(At this point, Ken DeFoor left the meeting)

Comment:    Bill Payne – Pointed out that some slides from the last Board meeting are included in the handouts (numbers, 18 – 20 positions, Stormwater CWS, Ditch crews not specifically mentioned here – not Stormwater funded). 44 positions and 4 new positions and money associated with that.

Question:     Ray Adkins – “What about uncollected fees?”

Answer:       Bill Payne – “Finance Department and Treasurer use a collection agency but do not aggressively pursue all – just ones we thought could collect.  State and County don’t pay, Army doesn’t pay for VAAP.”

                   Bill Payne – Discussed and explained Mr. Liebich’s appeal and why he should have to pay $36.00 a year.  He showed the board how the fee is determined.

                   Discussion of who does not pay the fee (elderly, low income).

VI.     Jim Moegling asked for other questions.

        Ray Adkins moved for adjournment.

Jim Moegling reminded the Board that the next meeting was scheduled for August 9, 2004, in the DRC conference room 1-A.

IX.     Adjournment.

        The meeting was not tape recorded.  Minutes were taken by Carolyn Fisher.