Title: Technical Amendments to Governance Documents Dated March 30, 1998
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 Material Information
Title: Technical Amendments to Governance Documents Dated March 30, 1998
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Technical Amendments to Governance Documents Dated March 30, 1998
General Note: Box 16, Folder 8 ( WCRWSA - 1998-1999 ), Item 6
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00003992
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text





March 30, 1998


TO: Board of Directors, WCRWSA

FROM: Jerry L. Maxwell, General Manager

SUBJECT: Final Governance Document Review


Ai- The staff has worked diligently following your deliberations on March 23 to review the
ith ter changes incorporated in the Governance Documents since the January 26, 1998
versions. While there have been extensive significant issues raised and incorporated in
the documents which have operating implications, this memorandum is intended to
focus on three areas which, though fairly debated at the Group of 18, may have
unintended consequences.

I would urge your reconsideration of the definition of Primary Environmental Permit in
the Amended and Restated Interlocal Agreement at page 12, the definition of
Production Failure in the Amended and Restated Interlocal Agreement pages 12 and 13,
and the use of the word "Lowest" in Section 17 (J) of the Master Water Supply Contract
on Page 32. The following is an explanation and suggested revisions for this
recommendation:

*(UU) "Primary Environmental Permit" means the issuance, modification or
renewal of a consumptive use permit, an environmental resource permit, or a
national pollutant discharge elimination system permit for any seawater desalination
facility, for which the Authority applies as sole permitted or as co-permittee. The
term "Primary Environmental Permit" also includes SWFWMD approval of a
Wellfield Operations Plan when included as a consumptive use permit condition;
provided however, that the term "Primary Environmental Permit" includes only
those modifications to the Wellfield Operations Plan that affect the methods,
variables or parameters of the Wellfield Operations Plan and materially change the
quantity or Replacement Capacity and Rotational Capacity applied to reduce the
withdrawal of Water from various Authority wellfields.

Potential Revision:

1. Change "... or a national pollutant discharge elimination system permit for any
seawater desalination facility..." to "' ... or an individual national pollutant
discharge elimination system permit for a process waste stream discharge from a
water treatment plant to surface waters" ... (The water use permit is submitted
during preliminary design and water use permitting development, the ERP is
submitted during final design, as is the NPDES permit for process waste to a
surface water. Stormwater and construction related impacts concerning the host


DATE:










Final Governance Document Review
March 30, 1998
Page 2


and/or EPC are part of the ERP process, but are included administratively in a
general NPDES permit obtained after award of a construction contract. This
change is intended to isolate the individual NPDES permit activity for a process
relating to water treatment plant discharge to surface waters.)

(VV) "Production Failure" means (1) the occurrence of a Shortfall, provided
however, that a Shortfall that results from a mechanical, equipment or other facility
failure shall not constitute a "Production Failure," or (2) following December 31,
2002, the actual delivery by the Authority to the Member Governments during any
Ctwelve-month period'of a quantity of Quality Water that exceeds 90 percent of the
aggregate permitted capacity of the Authority's production facilities on an average
annual basis, provided however, that if the Authority has received a Primary
Environmental Permit for additional production facilities and the Authority has
entered into a contract for final design and construction of the facilities, the
additional production quantity specified in the Primary Environmental Permit shall
be added to the actual production capacity for purposes of determining if a
"Production Failure" has occurred.

Potential Revisions:

1. Change "...any twelve-month period..." to "...any water year..." (Last six
months of 1996 and first six months of 1997 were very dry with resulting high
demand. This could prematurely trigger a "Production Failure" or construction
of additional new supply facilities beyond what is projected.)

V 2. Change "... 90 percent..." to "...94 percent..." (As currently written, definition
requires 11% capacity reserve above drought year high demand. As originally
intended, 11% reserve includes ability to accommodate 6% increase in demand
during drought years.)

V 3. Change "...and construction of..." to "...and has bid construction of..."
(Growth in regional demand is projected to average between 0.6% and 1.1% per
year. Eleven percent reserve can accommodate at least nine years of growth.
Six percent reserve can accommodate at least five years of growth.)

* (J) Rate. The rate charged by the Authority to the member Governments for Water
Services shall be the lowest reasonable rate to fulfill the purpose of the Authority
pursuant to the Interlocal Agreement and this Contract.










Final Governance Document Review
March 30, 1998
Page 3



Potential Revision:

1. Delete the word "lowest" in the second line. (Inclusion of the word "lowest" has
the potential for affecting financing and rates by requiring additional coverage,
and/or additional debt service requirement, and/or affecting unanticipated mid-
year rate increases.)

While there are many revisions to contemplate and all were fairly debated, I believe
these three issues may have consequences not intended and not fully explained by the
staff during the Group of 18 discussion.

Respectfully submitted,




Jer:L. Maxwell, General Manager



JLM:md


t:\genmangr\maxwell\board\brgovrev.doc




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