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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE:
Robert and Carolyn Michie, Albemarle.County October 1, 2008
Service Authority (ACSA)Jurisdictional Area
Amendment Request for Water Service ACTION: X INFORMATION:
SUBJECT/PROPOSAL/REQUEST: CONSENT AGENDA:
Public hearing on a proposed amendment to ACTION: INFORMATION:
the Jurisdictional Area Boundary to provide
water service to Tax Map 79, Parcels 17 and
17C located on the north side of Route 250, ATTACHMENTS: Yes
near the intersection of Route 250 and North
Milton Road.
REVIEWED BY:
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Kamptner,
Cilimberg, and Benish
LEGAL REVIEW: Yes
BACKGROUND:
The applicant is requesting ACSA Jurisdictional Area designation for water service to two parcels totaling 15.8
acres with two existing single-family homes and a new single-family home which the applicant had previously
received a building permit to construct on Parcel 17C The parcels are on the north side Route 250 East,just
north of the intersection of Route 250 and.North Milton Road (Rt. 729) and adjacent to the GOCO Oil site
(Attachment A). The parcels are located entirely within the designated Rural Areas in the Rivanna Magisterial
District. The existing well serving the home and cottage has recently been tested by the Virginia Department of
Environmental Quality (DEQ)and determined to be contaminated with Methyl tertiary-butyl ether(MTBE), a
gasoline additive that promotes a cleaner burn of the fuel. Beginning in May 2008, the property owners
experienced taste and odor problems with the water, which prompted a request to DEQ to test the well water
supply for contamination. Subsequent testing of the well found MTBE concentration of 0 021 mg/L. DEQ has
funded the installation of a charcoal filter system on the well to treat the contamination. DEQ considers charcoal
filtration systems a temporary remediation inferior to public water service (if available) and has recommended the
site be connected to public water service.
The adjacent GOCO Oil site experienced a similar MTBE contamination in the wells serving that site and was
approved for, and connected to, ACSA water service in 1999
Because of site conditions, including the location of the homes, out-buildings/barn, existing and back-up septic
fields, and the topography of-the properties, there does not appear to be a viable location for a new well on-site at
a sufficient distance from the existing well to ensure no further contamination will occur in the new well.
STRATEGIC PLAN:
Objective 2.2 Protect and/or preserve the County's natural resources.
DISCUSSION:
The Comprehensive Plan provides the following concerning the provision of public water and sewer service:
"General Principle. Urban Areas, Communities, and Villages are to be served by public water and sewer
(p 114)."
"Provide water and sewer service only to areas within the ACSA Jurisdictional Areas(p. 130) "
"Follow the,boundaries of the designated Development Areas in delineating Jurisdictional Areas(p.130) "
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summary Page 2 of 2
"Only allow changes in the Jurisdictional Areas outside of the designated Development Areas in cases
where the property is: 1) adjacent to existing lines; and 2) public health and/or safety is in danger(p
130)."
Water and sewer services by policy are intended to serve the designated Development Areas where growth is
encouraged and are to be discouraged in the Rural Areas because utility services are a potential catalyst to
growth
Water supply and system capacities need to be efficiently and effectively used and reserved to serve the
Development Areas. Continued connections of properties in the Rural Areas result in further extension of lines
from the fringe of the existing Jurisdictional Area and into the Rural Areas, potentially straining limited water
resources and capacity
This request meets the first criteria for the provision of service to Rural Area parcels (adjacency to existing service
lines) The adjacent property to the east of this parcel is within the ACSA Jurisdictional Area for Water Only to
Existing Structures and is served with public water The primary issue with this request is whether the level of
contamination experienced on-site creates a danger to the public health and safety. The County's Groundwater
Manager has provided additional information regarding the health threat of MTBE (Attachment B). DEQ has
essentially established a"zero-tolerance" level for MTBE contaminations. However, neither the Virginia
Department of Health (VDH) nor the Environmental Protection Agency (EPA) has established a level of MTBE
contamination which is considered a health risk. The Code of Virginia requires quarterly testing of public water
supplies for MTBE and reporting of concentrations above 0 015 mg/L to VDH and DEQ. As previously noted,
MTBE in concentrations of 0 021 mg/L was found in the Michies'well. The County has previously granted ACSA
Jurisdictional Area designation to the adjacent GOCO Oil site and the Key West subdivision based on MTBE
contamination. The contamination levels for those two sites were lower than the level found at the Michies'well.
Based on the odor and taste condition of the water supply, the level of contamination within this source falling
within the range suggested for public system monitoring, the proximity to a known contaminate site, and past
actions regarding sites/requests with similar levels of contamination, staff recommends amendment of the ACSA
Jurisdictional Area for water service only to existing structures.
BUDGET IMPACT:
The property owner will bear the costs for the water connection.
RECOMMENDATIONS:
At the conclusion of the public hearing, staff recommends that the Board amend the ACSA Jurisdictional Area for
water only to existing structures on Tax Map 79, Parcels 17 and 17C and one new residence Tax Map 79, Parcel
17C (for a total of three residences served on the two parcels)
ATTACHMENTS
A—Location Map and ACSA Jurisdictional Area Designations
B—Memorandum from Groundwater Manager
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Attachment Page 1 of 2
ATTACHMENT B
MEMORANDUM
To: David Benish,Chief of Planning
From: Josh Rubinstein,Groundwater Manager
Date: August 18,2008
RE: ACSA Jurisdictional Area Amendment Request,Robert and Carolyn Michie Property(1066 Shadwell Station
Lane,Charlottesville)
Carolyn and Robert Michie have requested inclusion in the Albemarle County Service Authority(ACSA)jurisdiction
based upon contamination of their well with Methyl Tertiary-Butyl Ether(MTBE). In May 2008,the Michies noticed a
fuel taste in their well water and a black staining in their sediment filter. Subsequent testing of the well found MTBE
concentration of 0.021 mg/L. While the MTBE concentration accounts for the taste,it does not account for the
staining.
Since no health standards exist for MTBE,staff must defer to the Board to answer the following question: in the
context of the General Principles for Public Water and Sewer set out in the Albemarle Comprehensive Plan,should
MTBE contaminated wells be considered"cases where public health and safety are at issue?" The following
information may be useful in answering this question.
Methyl Tertiary-Butyl Ether(MTBE)is a gasoline additive that promotes a cleaner burn. In 2001,Virginia consumed
13,600 barrels per day of MTBE. Since 2005,MTBE has been gradually phased out in favor of ethanol
There has been no research into the effect(s)of MTBE on humans. Some who work in areas with high inhalation
concentrations of MTBE have reported dizziness and nausea but no direct link the person's health has been found. At
very high doses,cancers have been induced in rodents. The research has lead to no consensus on the health effect and,
therefore,EPA has issued no Health Standard for MTBE. Humans,on the other hand,are extraordinarily sensitive to
MTBE in very small amounts.In 1997;the EPA issued a Drinking Water Advisory that found that we begin to taste
and smell MTBE at 0.02 to 0.04 milligrams per liter(mg/L)—. The Michies have described the sensation as"drinking
gasoline."
MTBE has a low absorption rate and a high dissolution rate.It travels faster and further in groundwater than any of the
other volatile compounds associate with fuel. Because of its mobility,MTBE contamination can result from a spill of
as little as ten-gallons of fuel and it can be the only contaminant detected. In the National Water Quality Assessment,
the United States Geologic Survey(USGS)found that 7.5%of the 4,146 wells tested had detectable concentrations of
MTBE.As part of a zero tolerance approach to any concentration of petroleum constituents in drinking water,the
Virginia Department of Environmental Quality(DEQ)has supplied and operates 27 carbon filters on private wells in
Albemarle County. Seventeen are to clean water contaminated solely by MTBE.
On 7 May 1997,the Albemarle County Board of Supervisors approved an amendment to the ACSA jurisdictional area
to include the Key West Subdivision. Two of the four wells serving the 228 homes in the subdivision were
contaminated solely with MTBE. Three of the six test wells had MTBE concentrations higher than the Drinking Water
Advisory. The concentrations in well 2 never exceeded 0.021 mg/L.
Eleven states have Primary Drinking Water Standards ranging from 0.01 mg/L(Delaware)to 0.24 mg/L(Mississippi).
The Code of Virginia requires quarterly testing of public water supplies for MTBE and reporting concentration above
0.015 mg/L to VDH and the DEQ. Since these standards are based on the EPA Drinking Water Advisory,staff
recommends that if the Board determines that MTBE is an issue of public health and safety under the Comprehensive
Plan,that the 0.02 mg/L standard be adopted. In the USGS study,only one percent of the contaminated wells had
concentrations higher than the EPA Drinking Water Advisory standard.
Robert and Carolyn Michie ACSA Jurisdictional Area Amendment Request
In May 2008,the Michies noticed a fuel taste in their well water and a black staining in their sediment filter,with
subsequent well test finding MTBE in concentration of 0.021 mg/L. While the MTBE concentration accounts for the
taste,it does not account for the staining. Since this concentration is so close to the Drinking Water Advisory and,
since,in the case of Key West,concentrations have been shown to change over time,it is staff's recommendation that
follow-up testing be done.
The property is adjacent to the GOCO Oil Company from which DEQ has identified a gasoline plume.DEQ
immediately contracted with Culligan to install and maintain a carbon filter on the Michie's well. DEQ approximates
the cost to maintain these filters at$3000 per year. Presently,that fee is being charged to GOCO.
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' Attachment Page 2 of 2
During the deliberations on the Key West Subdivision ACSA Jurisdictional Amendment,carbon filtration was
considered. At that time,this solution was deemed too expensive.
—The Drinking Water Advisory states"There are over four to five orders of magnitude between the 20 to 40 micrograms per
liter range and concentrations associated with observed cancer and noncancerous effects in animals."
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