Loading...
HomeMy WebLinkAboutACSA200800004 Executive Summary 2008-09-03 r OUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Robert and Carolyn Michie, ACSA Jurisdictional September 3, 2008 Area Amendment Request for Water Service ACTION: X INFORMATION: SUBJECT/PROPOSAL/REQUEST: CONSENT AGENDA: Request for public hearing to amend the Jurisdictional ACTION: INFORMATION: Area Boundary to provide water service to Tax Map 79, Parcels 17 and 17B located on the north side of Route 250, near the intersection of Route 250 and ATTACHMENTS: Yes North Milton Road. REVIEWED BY: STAFF CONTACT(S): Messrs. Tucker, Foley, Cilimberg, 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 (Attachment A) 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 the GOCO Oil site. 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 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 have experience taste and odor problems with the water, which prompted a request to DEQ to test the well water supply for contaminations. Subsequent testing of the well found MTBE concentration of 0 021 mg/L. The adjacent GOCO Oil site experienced a similar MTBE contamination in the wells serving the site and was approved for, and connected to, ACSA water service 1999. 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 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 property is located within the designated Rural Area. The property is zoned RA, Rural Areas. The Comprehensive Plan provides the following concerning the provision of water and sewer service to the Development Area: "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) " 'Only allow changes in the, itictional 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 Area where growth is encouraged and are to be discouraged in the Rural Area 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 Area. Continued connections of properties in the Rural Area result in further extension of lines from the fringe of the existing Jurisdictional Area and into the Rural Area, 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 State Health Department 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 concentration above 0 015 mg/L to VDH and the DEQ. MTBE in concentrations of 0 021 mg/L were found in the Michies'well. The County has previously granted ACSA Jurisdictional Area designation to sites based on MTBE contamination, the adjacent GOCO Oil site and the Key West subdivision The contamination levels for those two sites were lower than found at the Michies. Based the odor and taste condition of the water supply,the level of contamination within this source falling within the range suggest for public system monitoring,the proximity to a known contaminate site,and past actions regarding sites/requests with similar levels of contamination,staff recommends the amend the ACSA Jurisdictional Area for water service to existing structures. BUDGET IMPACT: The property owner will bear the costs for the water connection RECOMMENDATIONS: Staff recommends the Board set a public hearing to amend the ACSA Jurisdictional Area for water only to existing structures. ATTACHMENTS A—Location Map and ACSA Jurisdictional Area Designations B—Memorandum from Groundwater Manager L Michie - Location Map and Jurisdictional Area Designations ATTACHMENT A Some items on map may not appear inlegend) 79-10 79-10A ❑ � » m to a� 79A2--0G-9 ❑ oa-.r. 79-10 79A2--0G-8 ❑ es s 79A2--OG-7 E —" 79A2-i OG-6 ❑ w•••„ 79A2--0G\; ❑ w_.ae.oE•.,�..a 79-8A G� ❑ .� P �_ 22 GP�P ❑ ,79-9 - 79-7+ 79-19 79-1 i6 =o6 79-17C \ ONer...arra 79-9 7,9-1•A 79-18 ' 20°. fl iliprr J1,' l 111 ___„,„ 79-15 7 1.7¢ Q 79-20 79-21 _ k . : 250 / ® K�SvV,ICK'-Rps ° 79- •A 0 ,CO<<IN _ RICHM0 N07R 79-24A gFgR .,r ,„ 1y GIS-Web n /q, /// J d,c;a rp Geographic Data Services 79C--OA-5 79C=0A-7A� www.albemane.org -, ' (434)296-5832 tiv 79C--OA-6A 79C-/b B0A-67- ''' v i 79-23AWI 79-246 79C--OA-4 j S/iq"��CC T�` "--- /Z117116'. ‘,"414107 / MI 7.9E.- OA-9 79C--OA-8A v '' ;j4f' v :allow 79-23F SHq ay4`` ` .t�i APP 79C--OA-3 NNON-DR��`Z'P n !` 79-23 - '� 79C- OA-2' .-.� 0 709 q�lPeenA-4 79-23B\ 9B--OA-5 d' N 11 79C-1 Map is for display purposes only•Aerial Imagery from Commonwealth of Virginia August 17,2008 • ATTACHMENT B MEMOORANDUM 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 *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." Plan, that the 0.02 mg/L standard be _ Ited. In the USGS study, only one perceiu.uI 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 staffs 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. During the deliberations on the Key West Subdivision ACSA Jurisdictional Amendment, carbon filtration was considered. At that time, this solution was deemed too expensive.