DEPARTMENT: Transportation & Capital Improvements
DEPARTMENT HEAD: Mike Frisbie, P.E.
COUNCIL DISTRICTS IMPACTED: Citywide
SUBJECT:
Interlocal Agreement: City of San Antonio & San Antonio Water Systems (SAWS) for testing coal tar pavement sealants.
SUMMARY:
An ordinance authorizing an Interlocal Agreement between the City of San Antonio and San Antonio Water System (SAWS), allowing SAWS to provide sampling services for compliance of the ban on coal tar sealant pavement products in an amount not to exceed $50,000.00 annually. The City shall be responsible for identifying specific test locations, and reimbursements will be made monthly to SAWS depending on materials and services rendered. Funding for the agreement is available from the Storm Water Operations Fund.
BACKGROUND INFORMATION:
Lakes, rivers, streams and other bodies of water are natural assets which enhance the environmental, recreational, cultural and economic resources of the City of San Antonio and contribute to the general health, safety and welfare of the community. Coal tar contaminated water, soil or debris can inflict potentially long-term adverse health effects depending on the length, type and extent of exposure and the following effects including:
• Increased incidence/risk of developing cancer
• Increased incidence of skin irritation and rashes
• Increased incidence/risk of developmental and reproductive effects
Through the adoption of Ordinance 2016-06-30-0518 on June 30, 2016, the San Antonio City Council found that coal tar sealant pavement products pose a public health and safety threat to the citizens and environment of the City of San Antonio and banned the use of coal tar sealant pavement products within the City of San Antonio.
City staff has identified several possible entities to assist in the testing of coal tar sealants when violations are reported, including on-call contractors, and has determined that the best partner to assist in sampling and testing is SAWS. In addition to offering the lowest cost, SAWS and the City of San Antonio currently have an agreement for our municipal separate storm sewer system (MS4) permit which includes inspections, use of their lab for testing, and their enforcement abilities. This current partnership provides existing testing which the proposed agreement would only minimally increase.
ISSUE:
This ordinance authorizes an Interlocal Agreement between the City of San Antonio and San Antonio Water System (SAWS) to allow SAWS to provide sampling services for compliance of the ban on coal tar sealant pavement products for which the City shall be responsible for directing SAWS to specific test locations, and reimbursements will be made monthly to SAWS depending on materials and services rendered, in an amount not to exceed $50,000.00 annually available from the FY 2017 Storm Water Operations Fund.
City shall perform and provide the following:
a. City shall be responsible for performing all documentation and research regarding possible instances/locations of coal tar sealant pavement product usage within the San Antonio city limits.
b. City solely shall be responsible for directing SAWS to test locations. As such, City has the responsibility to ensure SAWS personnel have the necessary permission to access sampling sites as directed by City pursuant to Chapter 26, Pollution Control, of the City of San Antonio Code (specifically Article IV - Coal Tar Sealant Pavement Products).
c. Upon discovery of possible usage of coal tar sealant pavement product usage, City shall direct SAWS to those usage sites for SAWS’s testing and sampling.
d. If/When coal tar sealant pavement product usage is confirmed based on test results on samples collected by SAWS and sent to a certified lab (and/or sub-consulting lab) of SAWS’s choosing, City shall address all enforcement options afforded to it, to include citizen notification and a fine not to exceed $2,000.00 per day.
SAWS shall perform and/or provide the following:
a. Upon City’s site/location identification within thirty (30) days of said identification SAWS representatives shall proceed to the City-identified location(s) and conduct on-site field tests on the identified possible coal tar sealant pavement product.
b. If the on-site field tests on the identified coal tar sealant pavement product(s) test positive, SAWS shall sample as many locations within the identified site as SAWS deems necessary collecting samples for off-site laboratory testing.
c. Upon collecting the necessary on-site field samples as necessary, SAWS shall send the collected field samples to a certified laboratory of SAWS’s choosing for confirmation testing.
d. Upon receipt of the lab results from the SAWS-selected certified laboratory, SAWS shall forward said laboratory test verification results to City for any necessary action then to be undertaken by City. The information SAWS shall forward to City shall include, but not be limited to:
1. Lab results;
2. Quality Assurance and Quality Control of said lab results;
3. Photos and written documentation of SAWS efforts;
4. Calculations for the 16 PAHs, to determine if the percent of PAHs is >2%;
5. A cover letter stating SAWS’s finding(s) and its recommendation to City.
e. Pursuant to this Agreement, SAWS shall have no responsibility to enforce City’s ban on coal tar sealant pavement products other than sampling for compliance of the ban on coal tar sealant pavement products.
ALTERNATIVES:
The City Council can opt to select an on-call contractor; however that option would significantly increase cost. On-call contractors services have been estimated at $150,000 dollars to provide the same services.
FISCAL IMPACT:
This ordinance authorizes an Interlocal Agreement between the City of San Antonio and San Antonio Water System (SAWS) in an amount not to exceed $50,000.00 annually. Through this agreement, SAWS will provide sampling services to ensure compliance with the ban on coal tar sealant pavement products. The City will be responsible for identifying specific locations for testing. Funds are available through the FY 2017 Storm Water Operating Fund Budget.
RECOMMENDATION:
Staff recommends approval of the Interlocal Agreement between the City of San Antonio and SAWS for the testing of coal tar sealant pavement products.