city of revelstoke/revelstoke mountain resort sewer report 03-26-13
DESCRIPTION
This report from the City of Revelstoke's engineering department was presented to Revelstoke City Council at their Mar. 28 meeting. It outlines raw sewage dumping by a subcontractor at the resort and suggests a $46,000 payment to the city to rectify the illegal dumping.TRANSCRIPT
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City of Revelstoke Council Report
Date: March 18, 2013
To: Mayor and Council
From: Mike Thomas, P.Eng. Director of Engineering and Public Works
Subject: Revelstoke Mountain Resort Sewer Discharge Costs
1. ISSUE
Council requested recovery of sewer discharge fees from Revelstoke Mountain Resort (RMR) for trucked sewer waste from the holding tanks at the resort.
2. RECOMMENDATION
THAT the City invoice Revelstoke Mountain Resort $46,456.88 for trucked sewer discharge fees that were not paid for the period of February 2011 to February 2013 in accordance with the requirements of the Sewer Regulation Bylaw #1683.
3. CAO COMMENTS
Reviewed. GDI.
4. BACKGROUND
4.1. In February 2013, City staff discovered that the Revelstoke Mountain Resort’s contractor, Hard Hammer Construction, had failed to register trucked sewer loads in accordance with the bylaw. Through further investigation it was determined that the contractor , in addition to failing to record discharged trucked sewer amounts, was also discharging the trucked waste in an unapproved location on Mountain Road above the MacKenzie Landing strata.
4.2. Under section 7.01 of Bylaw #1683, the owner or occupier of the property is required to pay to the City the rates established under the bylaw.
4.3. In an email from RMR’s legal counsel, dated March 14, 2013, (see attached), RMR has suggested an amount of $6,400.00 to pay for the disposal of the trucked sewer waste.
4.4. In a letter from Hard Hammer Construction to Mr Gaglardi, Mr Bateman acknowledges actions that fail to meet the City’s bylaw requirements, (see attached)
4.5. City staff have compiled the records of sewer discharges, (see attached), with the following clarifications:
4.5.1. In 2009, prior to the completion of the Camozzi lift station, the sewer from the base area was being trucked as well. As such, 2010 is suitable as a base year for these calculations.
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4.5.2. Prior to February 2011, the trucked sewer contract was being performed by Shewchuk Enterprises Ltd using a different truck. The City believes that the volumes recorded in this period fairly reflect the amount of sewer collected.
4.5.3. From February 2011, Hard Hammer Construction was the contractor collecting the trucked sewer. The volumes recorded by the City as received are shown in the attached graph in blue. These amounts have decreased rapidly from 2009-10.
4.5.4. Using 2010 as the base year, with the volume calculation described above from February 2011 onward, the City has projected that there is an unreported discharge in 2011 and 2012 equal to the difference in volume between these years and the base year of 2010. This is shown as purple in the attached graph.
4.5.5. The size of the sewer truck used by Hard Hammer Construction is handwritten and marked as 7 cubic meters on the side of the tank at full. But by geometric measurement of the tank by City staff, the tank measures 12.65 cubic meters full. As such, we believe that the last accurate measurement of sewer discharge per truckload was in January 2010 before Hard Hammer Construction commenced the service. All discharges after February 1, 2011 should be multiplied by a factor of 1.8073 (12.65/7) to correct this error. In the attached graph, this amount is shown in orange. All future discharges are being measured by staff accordingly.
4.5.6. Basic statistics shared with the City by Mr Gaglardi of RMR concerning ridership at the resort have been described as increasing by 15% year over year for two years, 2011 and 2012. Sewer volumes can reasonably be assumed to increase evenly with increased ridership. These increases over the volume for 2010 have been used to project an increasing sewer flow in 2011 and 2012, contrary to the pattern of decreased discharges recorded by the City. This estimate of flows based on ridership is shown as green in the attached graph.
4.5.7. For January and February 2013, the City has used these same months in 2010 as the base case, adding 15% per year for 2011 and 2012. This is shown as purple (and green for the 15%) in the attached graph.
4.5.8. In all cases, the volume that has been recorded by the City and previously billed (blue in the attached graph) has been deducted from the estimated fees owning.
4.5.9. Trucked sewer rates for the years in question are as follows, (from the respective Fees and Charges Bylaws):
2011 - $15.45 2012 - $16.02 2013 until March - $16.02
4.6. Since raising this issue with RMR and Hard Hammer Construction, trucked sewer discharges complying with the bylaw have become more regular.
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5. FINANCIAL IMPLICATIONS
5.1. Invoicing these fees will recover lost revenue estimated at $46,456.88
5.2. City staff time spent investigating these activities has not been included in these calculations. This is estimated at approximately $6,000.
6. DISCUSSION
6.1. RMR’s suggestion of a maximum fee of $6,400 described in 4.3 above is based on incorrect truck volumes. Anecdotal evidence of the number of times per week the truck is dumping from the contractor who was failing to report the discharges is based on 2011 and 2012 data, and does not include out of ski season discharges.
6.2. In addition to the payment of fees and charges under the bylaw, RMR and Hard Hammer Construciton may both be liable for infractions under the Bylaw and as established within the Offence Act.
6.3. City staff are considering additional administrative actions to ensure that any damages to the sewer system are addressed and that the risk of further unapproved discharges is minimised.
6.4. These trucked sewer volumes have been collected and treated without payment for the service, and fees may be collected in accordance with Section 7.01 of the Bylaw.
6.5. Failure to pay fees and charges imposed and payable under the provisions of the Sewer Regulation Bylaw and which remain unpaid after December 31, 2013 shall be deemed to be taxes in arrears.
7. RELEVANT LEGISLATION
7.1. Sewer Regulation Bylaw #1683 and amendments.
7.2. Fees and Charges Bylaw #2008
8. RECOMMENDATION AND OPTIONS
8.1. Recommendation:
THAT The City of Revelstoke invoice Revelstoke Mountain Resort $46,456.88 for trucked sewer discharge fees that were not paid for the period of February 2011 to February 2013 in accordance with the requirements of the Sewer Regulation Bylaw #1683
8.2. Option 1: Council could choose to concur with RMR’s estimated $6,400 fees not paid, and direct staff to invoice accordingly.
8.3. Option 2: Council could choose to remove the estimated ridership increases from the calculations, and direct staff to invoice RMR $33,615.62 for trucked sewer discharge fees that were not paid.
RMR Sanitary Dumping
2009 2010 2011 2012 2013
January 502 429 157 97 64
February 480 220 50 102 67
March 268 132 77 75
April 95 66 32 28
May 18 24
June 45 27 13
July 36 5
August 27 39 3 19
September 27 68 17
October 5 14
November 27 18 22 26
December 173 123 59 44
Total 1,681 1,145 472 391 131
Volume Correction 255 316 106
Projected Unreported Discharge 417 438 591
Ridership Increase 172 369 267
Total Not Recorded (cubic meters) 0 844 1,123 963
Rate/cubic meter 14.77$ 15.45$ 16.02$ 16.02$
Annual Additional Fees ‐$ 13,038.55$ 17,987.46$ 15,430.87$
Total Fees 46,456.88$
RMR Holding Tank - Monthly Volume Totals (m3)
1,681
1,145
472391
131
255316
106
417 438
591
172
369
267
0
200
400
600
800
1,000
1,200
1,400
1,600
1,800
2009 2010 2011 2012 2013
RMR Sewer Discharge Calculations
Ridership Increase
Projected Unreported Discharge
Volume Calculation Correction
Recorded DischargesNote: 2013 data is calculated to the end of February.
From: Rob Toor [mailto:[email protected]] Sent: March-14-13 3:42 PM To: Tim Palmer; David Raven Cc: John Guenther; Council; Bob Gaglardi; Erin Teeple Subject: Sewer issue
Mayor, Council and Staff,
RMR has become aware that the city of Revelstoke is thinking of imposing a fine for RMR’s
subcontractors actions.
I admit, when Tim Palmer informed me of the incident, I asked him which bylaw did the subcontractor
breach and that I would investigate the matter. At no time, did I state to Mr. Palmer to prove the
occurrences happened. I admit, Mr. Palmer became very upset and angry when I asked him this.
Nonetheless, I received a letter from the subcontractor in regards to the number of times he disposed
sewer not at the City Sewer disposal center, which I have enclosed.
I have been provided information for RMR’s sewer disposal for 2011 and 2012. During 2011 and 2012,
RMR hired a subcontractor to empty the Daylodge sewer tank approximately 3‐5 times per week for
approximately 18 weeks. I am informed the average load dumped at the City Sewer Disposal Center was
approximately 5.75 meters cubed. I understand the rate the City charges is $15.45 per meter.
From the above information, it would seem RMR would incur an average cost per year of $6,400.00 for
its sewer disposal.
As stated in the attached letter, and based on the number of occurrences and the amount dumped, it
would seem excessive if the City fined RMR an amount greater than the cost of one year of disposal at
the City Sewer Disposal Center
Furthermore, RMR or Northland Properties Corporation did not commence these actions, it was a
subcontractor who admits the number of times he disposed sewer not at the City Sewer Disposal center.
I look forward to your reply.
Thanks
Rob Toor | Corporate Counsel Northland Properties Corporation 310 - 1755 W Broadway | Vancouver | BC | V6J 4S5 Phone 604-730-6633 | Fax 604-730-4645 Email: [email protected]
