Title
Resolution to Approve a Contract with Jacobs Consultants Inc. for Professional Engineering Consulting Services to Assess Impacts of Proposed Changes to the National Pollutant Discharge Elimination System Permit for the Wastewater Treatment Plant ($30,000.00)
Memorandum
Your approval is requested for a professional services agreement with Jacobs Consultants Inc. (JCI) in the amount of $30,000.00 for professional engineering consulting services to assess the impacts of changes to the National Pollutant Discharge Elimination System (NPDES) permit issued by the Michigan Department of Environment, Great Lakes and Energy (EGLE) to the City's Wastewater Treatment Plant (WWTP).
The City has a lengthy history in relation to contesting the WWTP's NPDES permit due to unreasonable discharge limits for phosphorus. This history was set out in detail in the memorandum and resolution for approval of the fourth amendment with Varnum LLP for legal services that Council approved on March 6, 2017 (attached Legistar File 17-0282). Although the contested case had been pending for a long time, it finally went to a hearing before an EGLE Administrative Law Judge (ALJ) during October 2015. On August 30, 2017, the ALJ's decision and recommendation to deny the City's contest went to the Director of EGLE and was issued as a final decision. Subsequently, the City appealed the decision to Washtenaw County Circuit Court, which issued a decision on October 3, 2018. This decision required EGLE to re-evaluate and propose a new Total Maximum Daily Load (TMDL) for phosphorus, which was the basis for the City's contest. On August 2, 2019, EGLE released a draft TMDL for phosphorus that is much more stringent than the previous one and has the same flawed basis. The professional engineering services to be provided by JCI under this contract are to assess the new treatment technologies that would be needed and the estimated capital and operation and maintenance costs associated with them ...
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