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Stormwater Drain Illicit Discha D~ ~c/Á¿~ MEMORANDUM April 13, 2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Illicit Discharges to Stormwater Drainage System Assistant City Engineer Gus Psihoyos recommends City Council approval of an amendment to Chapter 44 of the City of Dubuque Code of Ordinances regarding illicit connections and discharges to the stormwater drainage system. The City holds an MS4 National Pollution Discharge Elimination System (NPDES) permit. One of the minimum requirements of this permit, as published in the Federal Register, is an ordinance or other regulatory mechanism to remove illegal discharges into the stormwater drainage system. The revised ordinance meets the requirement by expressly prohibiting non-stormwater related discharges into the City's system. Some of the specific pollutants identified are: oil and other automotive fluids, yard wastes such as lawn clippings and leaves, fertilizers, animal wastes and sediment from soil erosion. The City Council established an erosion policy as a priority. Moreover, NPDES Phase II MS4 permit requirements include an erosion and sediment control ordinance (or other regulatory mechanism). So while City staff is currently drafting an erosion and sediment control ordinance to be presented to the City Council at a later date, this illicit discharge ordinance justifiably includes sediment from soil erosion as a pollutant. Lastly, the ordinance change includes the prohibition of geothermal pump-and-dump heating and cooling systems without the expressed written consent of the City Manager. A pump-and-dump system means a system that pumps water from the ground, circulates it through a heating or cooling system, and then discharges it as non- stormwater discharge into the City's stormwater drainage system. I concur with the recommendation and respectfully request Mayor and City Council approval. (VlJl/~A~ f¡( ~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, Assistant City Engineer Michael A. Koch, Public Works Director ç.~ :"', v~ D~~~E ~Yk-~ MEMORANDUM April 12,2004 TO: FROM: Michael C. Van Milligen, City Manager /ì ~ Gus Psihoyos, Assistant City Engineer ~ SUBJECT: Illicit Discharges to Stormwater Drainage System INTRODUCTION The purpose of this memorandum is to present a proposed amendment, illicit connections and discharges to the stormwater drainage system, to Chapter 44 of the City of Dubuque Code of Ordinances. BACKGROUND The Clean Water Act of 1972 prohibits the discharge of any pollutant into the waters of the US from a point source, unless permitted by a National Pollution Discharge Elimination System (NPDES) permit. Point-source pollution is categorized by the ability to clearly identify where the pollutant enters a receiving water body (a lake, creek, stream, river, etc.). Even after controlling point-source pollution, receiving waters exhibited poor water quality. Therefore, in 1987 the Clean Water Act was amended to target non-point source pollution. In November of 1990, communities with populations of 100,000 or larger that operated municipal separate storm sewer systems (MS4s) had to create a stormwater program (apply for an NPDES MS4 Phase I permit) to reduce the discharge of pollutants from their storm sewer system. The final NPDES Phase II rule was published on December 8, 1999, requiring the City of Dubuque to apply for an MS4 permit by March 10, 2003. In December of 2002, the City Council approved the plan that involved the formation of five (5) separate task forces, comprised of City staff, members of the Environmental Stewardship Advisory Commission, and private citizens. On March 3, 2003, the City Council approved the City of Dubuque's NPDES MS4 permit application. The permit application was subsequently forwarded to the NPDES permitting authority for Iowa, the Iowa Department of Natural Resources (IDNR). DISCUSSION One of the minimum requirements of an MS4 NPDES permit, as published in the Federal Register, is an ordinance or other regulatory mechanism to remove illegal discharges into the stormwater drainage system. The attached Ordinance meets the requirement by expressly prohibiting non-stormwater related discharges into the City's system. Some of the specific pollutants identified are: oil and other automotive fluids, yard wastes such lawn clippings and leaves, fertilizers, animal wastes, and sediment from soil erosion. The City Council established an erosion policy as a priority. Moreover, NPDES Phase II MS4 permit requirements include an erosion and sediment control ordinance (or other regulatory mechanism). So while City staff is currently drafting an erosion and sediment control ordinance to be presented to the City Council at a later date, this illicit discharge ordinance justifiably includes sediment from soil erosion as a pollutant. Lastly, the ordinance change includes the prohibition of geothermal pump-and-dump heating and cooling systems without the expressed written consent of the City Manager. A pump-and-dump system means a system that pumps water from the ground, circulates it through a heating or cooling system, and then discharges it as non- stormwater discharge into the City's stormwater drainage system. Attached is a memo that describes the system in detail and outlines the issues that surround the heating and cooling system that is gaining popularity in the City. The City Manager may allow such discharge if it does not present or will not present an imminent and substantial danger to the operation of the MS4, public property, private property, the environment, or to the health or welfare of persons, or Waters of the State. RECOMMENDATION I recommend the amending of Chapter 44 of the City of Dubuque Code by adding the new Article VI - Illicit Connections and Discharges to the Stormwater Drainage System. ACTION TO BE TAKEN The City Council is requested to amend Chapter 44 of the City of Dubuque Code by adding the new Article VI - Illicit Connections and Discharges to the Stormwater Drainage System. Prepared by Deron Muehring cc: Barry Lindahl, Corporation Council Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager Bob Green, Water Department Manager Mary Rose Corrigan, Health Services Manager Gus Psi hoyos, Assistant City Engineer Deron Muehring, Civil Engineer II ORDINANCE NO. 29-04 AN ORDINANCE AMENDING CHAPTER 44 OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW ARTICLE VI. ILLICIT CONNECTIONS AND DISCHARGES TO THE STORMWATER DRAINAGE SYSTEM Whereas, the City Council of the City of Dubuque, Iowa desires to provide for the health, safety, and general welfare of the citizens of the City of Dubuque through the regulation of non-stormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law; and Whereas, this Ordinance establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process; and Whereas, the objectives of this Ordinance are: (1) To regulate the contribution of pollutants to the municipal separate storm sewer system by stormwater discharge by any user; (2) To prohibit illicit connections and discharges to the municipal separate storm sewer system; and (3) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. Chapter 44 of the City of Dubuque Code of Ordinances is hereby amended by adding thereto the following: ARTICLE VI. ILLICIT CONNECTIONS AND DISCHARGES TO THE STORM SEWER SYSTEM Sec. 44-290. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Best Management Practices (BMPs) means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. City Manager means the City Manager or the City Manager's designee. Clean Water Act means the federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., and any amendments thereto. Construction Activity means activities subject to NPDES Construction Permits that result in disturbance of one (1) acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, filling, and demolition. Geothermal Pump and Dump System means a system that uses a pump to extract water from an underground aquifer, circulates the water through a heating or cooling system, and discharges the water as non-stormwater discharge. Hazardous Materials means any material, including any substance, waste, or combination thereof, that because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illegal Discharge means any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in Sec. 44-295. Illicit Connection means either of the following: (a) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the City Manager; or, (b) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the City Manager. Industrial Activity means activities subject to NPDES Industrial Permits as defined in 40 C.F.R., § 122.26 (b)(14). Municipal Separate Storm Sewer System (MS4) means the streets, gutters, conduits, natural or artificial drains, channels and watercourses, and other facilities that are owned, operated, maintained or controlled by the City and used for the purpose of collecting, storing, transporting, or disposing of stormwater . . . National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit means a permit issued by the Environmental Protection Agency or by a State under authority delegated pursuant to 33 U.S.C. § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. Non-Stormwater Discharge means any discharge to the storm drain system that is not composed entirely of stormwater. Person means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Pollutant means anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; sediment from soil erosion; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Premises mean any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Soil Erosion means the detachment and movement of soil or rock fragments by water, wind, ice or gravity. Stormwater means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation. Storm water Pollution Prevention Plan means a document that describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, andlor receiving waters to the maximum extent practicable. Swface Waters means all waters of the state other than ground waters, which include ponds, lakes, rivers, streams, tidal and non-tidal wetlands, public ditches, tax ditches, and public drainage systems except those designed and used to collect, convey, or dispose of sanitary sewage. Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a facility. Waters of the state means both surface waters and ground waters within the boundaries of the State of Iowa and subject to its jurisdiction. Sec. 44-291. Applicability. This Article shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by the City Manager. Sec. 44-292. Responsibility for Administration. The City Manager shall administer, implement, and enforce the provisions of this Article. Sec. 44-293. Severability. The provisions of this Article are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Article. Sec. 44-294. Ultimate Responsibility. The standards set forth herein and promulgated pursuant to this Article are minimum standards; therefore this Article does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. Sec. 44-295. Discharge Prohibitions. (1) Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged into the MS4 or watercourses any of the following: (a) Materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. (b) Geothermal pump and dump system discharges without the express written consent of the City Manager. The City Manager may allow such discharge if it does not present or will not present an imminent and substantial danger to the operation of the MS4, public property, private property, the environment, or to the health or welfare of persons, or Waters of the State. (2) The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: (a) The following discharges are exempt from discharge prohibitions established by this Article: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, sump pump discharge, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated - typically less than one PPM chlorine), fire fighting activities, and any other water source not containing Pollutants. (b) Discharges specified in writing by the City Manager as being necessary to protect public health and safety. (c) Dye testing is an allowable discharge, but requires a verbal notification to the City Manager prior to the time of the test. (d) The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. (3) Prohibition of Illicit Connections. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. (a) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (b) A person is considered to be in violation of this Article if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. Sec. 44-296. Suspension of MS4 Access. (1) Suspension due to Illicit Discharges in Emergency Situations. The City Manager may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the City Manager may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the state, or to minimize danger to persons. (2) Suspension due to the Detection of Illicit Discharge. Any person discharging to the MS4 in violation of this Article may have the person's MS4 access terminated if such termination would abate or reduce an illicit discharge. The City Manager shall notify a violator of the proposed termination of its MS4 access. The violator may petition the City Manager for a reconsideration and hearing. (3) A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the City Manager. Sec. 44-297. Industrial or Construction Activity Discharges. Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City Manager prior to the allowing of discharges to the MS4. Sec. 44-298. Monitoring of Discharges. (1) Applicability. This section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity. (2) Access to Facilities. The City Manager shall be permitted to enter and inspect facilities subject to regulation under this Article as often as may be necessary to determine compliance with this Article. If a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the City Manager City Manager. (a) Facility operators shall allow the City Manager ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law. (b) The City Manager shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the City Manager to conduct monitoring and/or sampling of the facility's stormwater discharge. (c) The City Manager shall have the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. (d) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the City Manager and shall not be replaced. The costs of clearing such access shall be borne by the operator. (e) Unreasonable delays in allowing the City Manager access to a permitted facility is a violation of a stormwater discharge permit and of this Article. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the City Manager reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Article. (f) If the City Manager has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this Article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City Manager may seek issuance of a search warrant from any court of competent jurisdiction. Sec. 44-299. Requirement to Prevent Control and Reduce Stormwater Pollutants by the Use of BMPs. The owner or operator of a commercial or industrial establishment shall provide, at the owner or operator's own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of structural and non- structural BMPs. Further, any person responsible for a property or premise, that is, or may be, the source of an illicit discharge, may be required to implement, at such person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit. Sec. 44-300. Watercourse Protection. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. Sec. 44-301. Notification of Spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or water of the United States such person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials such person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, such person shall notify the City Manager in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City Manager within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Sec. 44-302. Enforcement. (1) Notice of Violation. Whenever the City Manager finds that a person has violated a prohibition or failed to meet a requirement of this Article, the City Manager may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: (a) The performance of monitoring, analyses, and reporting; (b) The elimination of illicit connections or discharges; (c) That violating discharges, practices, or operations shall cease and desist; (d) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and (e) Payment of administrative and remediation costs; and (f) The implementation of source control or treatment BMPs. (2) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Such notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. Sec. 44-303. Appeal of Notice of Violation. Any person receiving a notice of violation may appeal the determination of the City Manager to the City Council. The notice of appeal must be received by the City Manager within 15 days from the date of the notice of violation. Hearing on the appeal before the City Council shall take place within 15 days from the date of receipt of the notice of appeal. The City Council may rescind, modify or affirm the notice of violation. The decision of the City Council shall be final. Sec. 44-304. Enforcement Measures After Appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or in the event of an appeal, within 30 days of the decision of the City Council upholding the decision of the City Manager, then representatives of the City Manager may enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the City Manager or designated contractor to enter upon the premises for the purposes set forth above. Sec. 44-305. Cost of Abatement of the Violation. Within 30 days after abatement of the violation, the owner of the property shall be notified by the City Manager of the cost of abatement, including administrative costs. The property owner may file a written protest with the City Manager objecting to the amount of the assessment within 15 days thereafter. If the amount due is not paid within a timely manner as determined by the decision of the City Manager or by the expiration of the time in which to file an appeal, the charges shall certified by the City Clerk to the Dubuque County Treasurer in the manner of a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Sec. 44-306. Injunctive Relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Article. If a person has violated or continues to violate the provisions of this Article, the City Manager may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. Sec. 44-307. Violations Deemed A Public Nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Article is a threat to public health, safety, and welfare, and is declared and deemed a nuisance. Sec. 44-309. Remedies Not Exclusive. The remedies listed in this Article are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the City Manager to seek cumulative remedies. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 19th day of April, ,2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Ì5ill3~ ~Yk-~ MEMORANDUM March 15,2002 TO: Cindy Steinhauser, Assistant City Manager FROM: Deron Muehring, Civil Engineer SUBJECT: Geothermal Heating & Cooling System Policy INTRODUCTION Numerous geothermal heating-cooling systems have been built throughout Dubuque in the past few years. Although touted as environmentally friendly, open loop geothermal heat exchange systems pose several problems for the City of Dubuque. BACKGROUND Geothermal systems are gaining popularity because they can significantly redUCE the cost of heating or cooling a business or home. Acoording to the U.S. Environmental Protection Agency, geothermal systems are, on average, 40 perCEnt more efficient than air-sourCE heat pumps, 48 percent better than natural gas fumaœs and 75 percent better than oi I furnaces. Because of this reduction in energy consumption, all pollutants associated with the production and consumption of energy are reduced, many times, the geothermal systems claim to be environmentally friendly. Geothermal systems are based on the fact that the earth below the frost line is a constant temperature (around 50°F) all year long. During the winter (see figure 1), a geothermal system absorbs heat from the ground and uses it to warm the air in a building. In the summer (see figure 2), the processed is reversed, removing heat from a building and transferring it back into the ground. Figure 1. Heat exchange during the winter months. Figure 2. Heat exchange during the summer months. There are two main geothermal systems in use: the closed system (depicted in figures 1 and 2) and the open system. The main differenCE is: The open system pumps wa1er out of an underground aquifer, circulates the water through the system, and then either re-injects the water back into the aquifer or dumps it onto the surfaCE into a storm sev..er, creek, pond, or river; A closed system continually circulates an antifræzesolution. Closed Loop Svstem The most common type of geothermal installation is a closed loop system. The heat exchanger (a loop of piping filled with fluid) is buried underground. The fluid circulates continuously inside the buried pipe, absorbing heat from the earth during the winter for use inside a home or business. In warmer months, the fluid takes heat from indoors and transfers it back into the earth. Open Loop System Instead of using an antifræze solution sealed inside the buried piping, an open loop system uses water from another sourCE - like a river or well. There are two types of open systems: re- injection and pump and dump. The re-injection system draws water out of an underground aquifer, circulates it through the system, and then re-injecls the water back into the aquifer. In some cases the aquifer being used is the same aquifer that the City uses for its potable water supply. Alliant Energy asserts that, "open loop systems are generally avoided and even prohibited in some areas because of environmental conœms: An open loop geothermal well establishes a connection between surfaCE water and groundwa1er. Improperly installed wells can introduCE pollutants into an aquifer by providing a path for SUrfaCE water (run-off that carries pesticides, fertilizers, organic materials and other contaminants) to enter underlying aquifers. According to Mike Anderson, of the Water Supply Section of the Iowa Department of Natural Resources (lDNR), the re-injection of geothermal water is prohibited in the State of Iowa by the "10-State Design Standards." That is not to say that re-injection is strictly prohibited; Variances have been granted in the past. A pump and dump system pumps water out of an underground aquifer, circulates it through their system, and then dumps it above ground (Le. in a storm sev..er, creek, river, or pond). The potential for depleting an aquifer of its water supply using the pump and dump system is an environmental conœm. DISCUSSION Currently, the City of Dubuque is without a policy that addresses geothermal heating and cooling systems. Because of the reasons outlined above, a policy may be warranted to protect the interests of the City. There is a mixture of open and closed systems in Dubuque. Wartburg Seminary College hæ a closed loop system with 190 wells. Clark College employs a closed loop system with 48 wells. Conversely, Loras College utilizes an open, pump and dump system; using two (2) wells they 2 pump water out of an underground aquifer, circulate it through their system, and then dump it into a storm sev.er. As a general rule the open - pump and dump - system requires significantly less v.ells than the open - re-injection - system and the closed system; Therefore, open - pump and dump - systems are significantly cheaper to construct while offering the same heating and cooling benefits. As a result, the pump and dump system is the most economically favorable of the thræ systems. Unfortunately, there are other costs associated with open geothermal systems that the community æa whole must burden. Environmental Costs Associated with Geothermal Svstems Dubuque's potable (water fit for human use and consumption) water supply comes from several shallow aquifers and a few deep aquifers. The contamination of one of these aquifers would result in a direct treatment cost to the City. As stated previously, the re-injection system presents a situation where the contamination of groundwater is possible because the method extrads groundwater from an aquifer, brings it above ground, circulates it through the system, then re- injeds the water back into the aquifer. Therefore, if a pollutant contaminates the water any time during its circulation through the system the contaminant will be spread to the underground aquifer. A closed loop system, although it costs more to construct, hæ a lower potential environmental cost associated with it, æ the possibi I ity of contaminating an underground aquifer is significantly less. Stormwater Manaaement Costs Associated with Geothermal SyStems A closed system does not impact the City's stormwater drainage system. An open - re-injection - system does not impact the City's stormwater drainage system. However, the open - pump and dump - system extensively uses the City's stormwater drainage system to dispose of water extracted from an aquifer. OnCE the geothermal pump and dump system is operational for the Academic Resourœ Building currently under construction on the Loras College campus, on average over 500,000 gallons of water wi II be dumped into a City storm sev.er per day. That's over 182,500,000 gallons of water per year running through the City's storm sev.er system. The demand placed on the storm sewer is only a minor conœm. The discharge from Loræ College's geothermal system is about 6% of the storm sev.er's capacity. However, the constant flow of water through the system may prematurely age the storm.sev.er, potentially increasing its maintenanCE needs or reducing its life span. 3 There is another stormwater management cost associated with geothermal pump and dump systems that discharge within the Bee Branch, loe Harbor, and Maus Lake drainage basins. These watershed basins require the use of pumps to pass stormwater runoff to the Mississippi River during high river s1ages. All water that runs through these drainage systems must be physically pumped into the Mississippi River. The cost to run these pumps is bome by the City. In addition, the increase in water flowing through these basins raise the risk of flood damage surrounding Maus Lake, the 16th Stræt detention oell, and the loe Harbor. Table. 1 Geothermal discharge demand placed on City pumping stations during high M' . . . R" ISSISSIPPI Iver staQeS. % Geothermal % Geothermal Existing Basin Proposed Existing Discharge to Discharge to Pumping Basin Pumping Geothermal Ext. Basin Prop. Basin Basin Capacity Capacity Discharge Pumping Pumping (gpm) (gpm) (gpm) Capacity Capacity Ice Harbor 6,200 20,000 3,550' 57.3 17.8 16th Street 200,000 NA 2,6652 1.3 NA Detention Cell 1. Mississippi River Discovery Center, Dubuque County Courthouse, and Conference & Education Center 2. Loras College, Alliant Energy, Dubuque Law Enforcement Center, Cottingham & Butler (discharge unknown), Audubon School, Flynn Ready-Mix, and Elm Street Correctional Facility (discharge unknown). As table 1 indicates, even after tripling the pumping capacity of the loe Harbor pump station, almost one fifth Cis) of the pumping capacity will be exploited by pump and dump geothermal systems. RECOMMENDATION I recommend that the City of Dubuque establish a policy that places restrictions on the use of geothermal pump and dump systems within the Bee Branch, loe Harbor, and Maus Lake watershed basins. These restrictionslrequiremen1s might include the following: 1. Require the Public Works Director's approval to use the City's stormwater drainage facilities for the purpose of discharging geothermal wastewater (ensure that the existing system can handle the geothermal flow); Require the Water Department Manager's approval (ensure that the City's potable - drinking - water source is not comprim ised); Require that the use of all pump and dump geothermal systems be temporarily disbanded when basin water must be pumped through the floodwall to the Mississippi River (i.e. when the gates are closed). Require a permit for all pump and dump systems so that the City can be assured that all geothermal systems are in fact turned off when the floodwall gates are closed; and Require the owners of pump and dump systems to pay a user fæ for the use of the 2. 3. 4. 5. 4 City's stormwater drainage system. I further recommend that geothermal pump and dump systems be allowed for use in the Port of Dubuque if the owners of the proposed systems agræ in principle to the five itmes listed above. ACTION REQUESTED I respectfully request that the appropriate City staff look into formulating a policy to adequately deal with the use of pump and dump geothermal heating and oooling systems. CC: Barry Lindahl, Corporation Council Michæl Koch, Public Works Director Laura Carstens, Planning Services Manager Gus Psihoyos, Assis1ant City Engineer Bob Schisel, Civil Engineer Bob Green, Water Department Manager Mike Brekke, Water Distribution Supervisor Brant Schuler, Water Engineering Assis1ant