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Home My WebLink About20193747.tiffRESOLUTION RE: APPROVE SUPPLEMENTAL ENVIRONMENTAL PROJECTS (SEP) AGREEMENT FOR LEAD HAZARD CONTROL AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Supplemental Environmental Projects (SEP) Agreement for Lead Hazard Control from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Health and Environment, to the Colorado Department of Public Health and Environment, commencing upon full execution of signatures, and ending June 1, 2021, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Supplemental Environmental Projects (SEP) Agreement for Lead Hazard Control from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Health and Environment, to the Colorado Department of Public Health and Environment, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of August, A.D., 2019. ATTEST: ditA44.) jdo;‘,k, Weld County Clerk to the Board ounty Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO r Chair , arbara Kirkmeyer Date of signature: O cc.HLCTG) 3/25 /2) 2019-3747 HL0051 /7J .LaY.3 o e/ 19 Memorandum TO: Barbara Kirkmeyer, Chair Board of County Commissioners FROM: Mark E. Wallace, MD, MPH Executive Director Department of Public Health & Environment DATE: August 13, 2019 SUBJECT: Supplemental Environmental Projects (SEP) Agreement with CDPHE for the Purchase of Ion -Coupled Plasma -Mass Spectrometer (ICP-MS) and Lead Hazard Remediation/Control For the Board's approval is an Agreement between the Colorado Department of Public Health and Environment's (CDPHE) Water Quality Control Division and the Board of County Commissioners of Weld County for the use and benefit of the Weld County Department of Public Health and Environment (WCDPHE). House Bill 17-1306 ("The Safe Water in Schools Act") requires all public schools to test drinking water and food service faucets for lead by June 30, 2020. In viewing the list of schools that successfully applied for lead testing grant money made available through HB 17-1306, none of the approximately 100 Weld County schools are listed. The WCDPHE lab is faced with the potential for thousands of samples to be submitted, but an inability to keep up with demand with existing equipment. This SEP funding will allow us to replace the nearly obsolete GFAA (graphite furnace atomic absorption) currently used to test lead samples with an ion -coupled plasma -mass spectrometer (ICP-MS). The ICP-MS will have the ability to simultaneously run multiple samples for many different elements, greatly increasing lab capacity, while decreasing staff time. The ICP- MS will allow the lab to meet all these demands and will be used to help launch and promote the lead sample analysis and lead hazard abatement programs. Once Weld County begins outreach to schools and health care providers, the County expects the demand for the water testing to increase even more. A small percentage of this SEP funding also supplements SEP funding received earlier this year for remediation or control of lead hazards found in homes with a child/children identified as having an elevated blood lead level. No new FTE will be required for these activities. Assistant County Attorney, Karin McDougal, has reviewed this contract and determined that the terms are acceptable. Furthermore, this amendment was approved for placement on the Board's agenda via pass -around dated August 12, 2019. I recommend approval of this SEP Agreement with CDPHE. cc- t O rN (� aT.f., HL 2019-3747 H LOO S I SUPPLEMENTAL ENVIRONMENTAL PROJECTS (SEP) AGREEMENT The regulated entity, identified below, submits the following SEP application to the Colorado Department of Public Health and Environment (the department) for SEP consideration. If the application is approved, it shall be signed by appropriate representatives of the department and Third -Party SEP Administrator (SEP Administrator) and shall serve as the SEP agreement for the project at issue. Enforcement Action Information I Noble Energy, Inc. and Noble Midstream Services, LLC Regulated Entity Contact Information Noble Energy Third Party Adm SEP nEstrator Contact Mark E. Wallace, MD, MPH Executive Director and Chief Health Officer Weld County Dept Public Health & Env. 1555 N 17th Avenue Greeley, CO 80631 970-304-6410 mwallace@weldgov.com Type of organization: Nonprofit* Government x *If nonprofit, please attach a copy of your 501c(3) exemption to this SEP Agreement. CDPHE Contact Person Lauren McDonell SEP Coordinator Division of Environmental Health and Sustainability Colorado Department of Public Health and Environment 303-692-2979 Geographical Area to Benefit Most Directly From Project Weld County Project Title Weld County Lead Hazard Control Project Project Type Third Party SEP SEP Category Public Health Project Summary Elevated blood lead levels (BLL) disproportionately affect the poor, minorities, and recent immigrants. Elevated BLL in children can harm almost every system in the body, causing speech, behavior and learning problems, among other health issues. Lead -based paint has been banned for home use since 1978 because of the risk it poses, but children are exposed to lead in older homes through chips and dust from deteriorating paint. To help Weld County children under the age of 6 with BLLs >5µg/dL, or who are at high risk for it, Weld County is launching a lead hazard control program through this SEP funding. Funding will provide assessment and control of lead exposure in a minimum of four homes. The County will separately fund outreach efforts to at -risk children and families. The SEP funding also will provide updated lab equipment (ICP-MS) to assist Page 1 of 9 /1-,5 7z/7) schools, particularly rural ones, in meeting requirements of HB17-1306 to test drinking and food service water for lead. These rural schools many times lack the resources to put together the grant applications to seek the alternative funds to support lead testing. Problem Statement: Lead -based paint has been banned for home use since 1978, but millions of children in the United States continue to be exposed to environmental lead due to deteriorating paint or paint dust in their home's interior or its exterior. There can be many sources of lead in a child's environment (solder, folk medicines, imported candies, toys, water, etc.), but lead -based paint continues to be the most frequent cause of elevated BLLs in children. Lead poisoning is preventable through control of the environment in which a child spends time. Prolonged exposure to lead can produce system -wide harm to a growing child's body, including damage to the brain and nervous system, slowed growth and development, learning and behavior problems, and hearing and speech problems. Project Description The Centers for Disease Control and Prevention (CDC) state that children under the age of 6 with BLLs of >5µg/dL require care and case management, which includes identification and control of the lead hazards in that child's environment. Due to financial constraints, Weld County has been able to investigate and provide case management only for cases with BLLs of>10µg/dL. There has been no funding to assist with mitigation or abatement of the hazard. Hazards were identified, but families had only their own, many times insufficient, resources for controlling them. The purpose of this SEP is to provide a monetary resource for these families to fix the problems that exist in their dwellings and keep their children safe. The funding also will be used for new lab equipment so that our regional Environmental Health Lab can facilitate easy and inexpensive water testing for lead for the public, schools, and other entities, such as child care centers, where children spend a great deal of their time. House Bill 17-1306 requires all public schools to test drinking water and food service faucets for lead by June 30, 2020. Weld County has >100 schools in a 4,000 -square mile territory, many rural and without resources to write for available grant funding. Secondly, the Colorado Board of Health adopted revisions to Rule 6 CCR 1009-8, concerning the Detection, Monitoring, and Investigation of Environmental and Chronic Diseases. Colorado's reference levels and time frames for reporting elevated specimen values now match the CDC's. In the past, Weld County initiated investigations at BLLs of>l0µg/dL rather than the CDC's level of>5µg/dL due to limited resources. With SEP funding to cover updated laboratory equipment and to provide abatement resources, Weld County will commit to providing existing staff to investigate and case manage the additional cases produced by this change. Project Goals/Objectives: 1. Provide targeted outreach and education related to the hazards associated with exposure to lead. This will be funded by Weld County. a. Utilize census tract maps created by the Colorado Department of Public Health and Environment (CDPHE) GIS epidemiologists to perform outreach to areas in Weld County with highest exposure risk, lowest testing rates, and greatest number of children with elevated BLL test results. Areas of highest risk lie along the Highway 85 corridor. Page 2 of 9 2. Evaluate cases of elevated BLL in children under the age of 6 for inclusion in the Lead Hazard Control Program. WCDPHE will use the CDC -recommended, and Colorado Board of Health -adopted, level of >5 µg/dL rather than the >10 µg/dL level, and the CDC's case management guidelines. a. Maintain a certified lead investigator/risk assessor on the Environmental Health Services (EHS) staff to carry out the environmental investigation and to do clearance inspections once abatement or other control measures are complete (two of our specialists achieved this status in 2018). This will be Weld County -funded. b. Candidates for the Lead Hazard Control Program will come from investigations of cases assigned by CDPHE and those requested by treating physicians. This SEP funding will not be used to perform the investigations and will be used strictly for abatement work. Please see Budget Narrative for more details. 3. Assess and control the lead hazard in a minimum of four homes utilizing Environmental Protection Agency (EPA) standards and requirements. Abatement services will be provided free of charge only to families who qualify: a. Utilize certified lead -safe renovators to perform abatement work, with a limit of $8,500 per home. Renovators must comply with the EPA Lead Renovation, Repair, and Painting Rule. b. Homes of children with BLLs of> l 0µg/dL or a prolonged BLL of>5µg/dL but <10µg/dL are top priority for services. c. The program will have significant health equity and environmental justice benefits by including household median income in its criteria. The following criteria will be used to accept homes into the program, absent an elevated BLL: • Built prior to 1978, • Contains deteriorated lead -based paint or high lead dust levels, • Houses a child under the age of six at least 20 hours per week, • Residents earn at or below 80 percent of the area's median income. d. Assist in mitigation of hazards other than lead -based paint as the source of exposure, for example: • Parents' occupation(s), e.g., oil/gas industry, welding, etc., • Certain folk remedies, medicines, and candies, • Certain toys and jewelry, • Water and other sources. 4. Provide inexpensive, rapid drinking water tests for lead, for the public as well as schools and other entities such as child care centers. a. Replace the nearly obsolete GFAA (graphite furnace atomic absorption) currently used to test lead samples with an ion -coupled plasma -mass spectrometer (ICP-MS). The GFAA will be unable to meet future demands considering the passage of HB17-1306, the need for every school to perform lead and copper testing, and the growth of Weld County. The GFAA can test a sample for a single element at a time, meaning that to test water for lead and copper, two separate samples must be run. Additionally, the equipment runs a single sample at a time with a maximum of 40 per day. The ICP-MS will have the ability to simultaneously run multiple samples for many different elements, greatly increasing throughput and lab capacity, while decreasing staff time. In viewing the list of schools that successfully applied for lead testing grant money made available through Page 3 of 9 HB17-1306 or "The Safe Water in Schools Act," none of the approximately 100 Weld County schools are listed. Nonetheless, Weld County schools need to perform this testing. Since every outlet at a school should be tested twice (initial "first use" sample and follow-up "flushed" sample), the lab is faced with the potential for thousands of samples to be submitted but an inability to keep up with demand. Weld County would also expect repeat samples to be submitted after remediation of a problem has occurred. In addition, the county is experiencing a very hearty population growth, which will lead to more requests for this type of testing. The ICP-MS will allow the lab to meet all these demands and will be used to help launch and promote the lead sample analysis and lead hazard abatement programs. Once Weld County begins outreach to schools, patients and health care providers, the County expects the demand for the water testing to increase even more. b. Decrease the cost of a drinking water lead test for the population targeted in lead risk areas 7-10 on the "Weld County Census Tract Map — Lead Risk Indices Showing Areas of Risk Along High 85" (Kevin Berg, GIS Epidemiologist, CDPHE, April 4, 2018) by 20%. Provide drinking water lead tests for public schools at no cost. Provide drinking water lead tests for child care centers and day care homes at no cost. This would be possible through the increased testing throughput of the ICP-MS as well as the decrease in staff time needed to process the tests, and the savings to the County of having the ICP-MS paid for through SEP funding. c. Provide drinking water lead tests for parks, ball fields, etc., with drinking fountains that may not be on a regular test route due to seasonal operations. The cost to a child who has become lead -poisoned is catastrophic, and the damage, once it occurs, is irreversible, leading to a lifelong struggle to address various health issues. WCDPHE is the sole local entity providing free lead investigations for families of children with elevated BLLs. Community Health Services, also based at the health department, provides individualized case management for the children. Weld County has been notified that it now can be reimbursed $550 per lead investigation by CDPHE due to new grant funding from the CDC, but this is for the investigation only, not for water testing, mitigation of hazards, or the clearance testing post -renovation. Expected Environmental and/or Public Health Benefits Project Evaluation Methods: This project will have measurable results due to the scheduled testing of BLLs in affected children, as well as the environmental assessment during which specific measurements are taken both pre -and post -intervention. 1. Children referred to the WCDPHE Lead Hazard Control Program already will have been proven to have an elevated BLL of >5 µg/dL. Interventions will be offered as detailed below. Investigations will be performed for children with elevated BLLs whose parents/guardians don't meet the income qualifier, but no mitigation funding will be offered: a. Case management will be initiated by Community Health Services, with the goal of decreasing the BLL of a diagnosed child to below 5 µg/dL. Venous Page 4 of 9 BLLs will be drawn according to CDC protocols to track progress. b. Environmental investigations will be performed by EHS staff, and hazard control initiated by a certified lead renovator, or through other means if the hazard is not related to deteriorating lead -based paint. Areas of exposure will be assessed for appropriate control measures. Completed work must meet post -intervention testing according to EPA standards. Pre -and post - measurements will be made utilizing appropriate methods (surface swabs, soil samples, etc.) as described in the CDPHE Air Quality Control Commission Regulation Number 19, "The Control of Lead Hazards," (5 CCR 1001-23). The goal is a safe environment according to EPA requirements. c. EHS will send reports to tenants (parents/guardians), owners/management companies, and physicians. 2. The number of lead/copper tests run for all types of schools, child care centers, day care homes and other locations will be reported, along with the number of water tests exceeding the allowable limits. Project Budget Budget o Category Description SEP Funds Matching Funds (if any) Total Cost Personnel (Salaries, Wages) Lab manager 0.04FTE, chemist 0.04FTE, EH Specialist II 0.02FTE, EH supervisor 0.015FTE, EH lab technician 0.075FTE x 2 years $32,959 $32,959 This time is for installation of the ICP- MS, training, and performing the lead/copper tests, and coordination/oversight of the hazard mitigation. Investigations and case management covered by the Colorado Childhood Lead Poisoning Prevention Program reimbursement program or county -funded. Materials and Supplies Clearance testing after renovation at $10.00/test (soil, dust wipes, etc.), 8 per home (4 homes) $320 $320 Cost of supplies for 400 lead/copper tests @ $20.50 each $8,200 $8,200 Major Equipment Ion -Coupled Plasma -Mass Spectrometer, two-year warranty, shipping, fabrication, installation, hot block, turbidity meter, training (see below for details) $140,000 $140,000 Centrifuge parts to adapt existing equipment $1,500 $1,500 Contractors/ Subcontractors Contracted work to certified renovators for abatement @ $8,500 per home (minimum 4 homes) $38,808 $38,808 Page 5 of 9 WWt 1Cr ✓2DterL t{ r ✓20t9�Si Other Direct Costs Engineered design and construction to increase HVAC on roof of lab as well as electrical capacity changes necessary to accommodate equipment (estimated) $225,800 $225,800 S.O0 52ld ,c1 ��r (b3( ) Teta(JLL) $179,128$268,459 $447,587 Budget Discussion In the event the ICP-MS is less costly than anticipated, remaining SEP funds will be used to fund more abatement work. Abatement work for each home in the program will be a maximum of $8,500. If improvements require fewer than $8,500 per home, the remaining funds will be used to expand how many homes the program can serve. Any changes will be provided in SEP status reporting. As far as the ICP-MS is concerned (the lab equipment), the installation cost for the equipment is included in the budgeted cost of the equipment. Training for two lab employees is also included in the budgeted cost of the equipment. This specific training is required to gain certification (lab and employee) to run the equipment. The hot block is a component that provides digestion for the sample materials, so they are prepared to be tested. They cannot be tested raw. The turbidity meter is a component required to determine quantity of suspended particles in the sample, and it determines the dilution necessary to run the sample in the ICP-MS. Please note that any investigations assigned to WCDPHE by CDPHE will be partially reimbursed by a flat fee of $550. Not all investigations are assigned by CDPHE, some are requested by treating physicians. This SEP funding will not be used to perform the investigations. It will be used solely for the lab equipment (ICP-MS) and hazard abatement. Activities Responsible Organization Date SEP Payment from Regulated Entity to Third Party SEP Administrator Noble Energy Within 30 days of the effective date of the Compliance Order on Consent (COC) Project Start Date Weld County 2 months after the effective date of the COC Project Schedule and Create homeowner application and renovator contract to be used for hazard mitigation program Weld County 3 months after the effective date of the COC Work Plan Research, create, translate outreach materials Weld County 4 months after the effective date of the COC Outreach to targeted areas, cases, providers related to abatement assistance Weld County 5 months after the effective date of the COC Prepare and release Request for Bids for ICP-MS Weld County 5 months after the effective date of the COC Installation of ICP-MS in laboratory Weld County 6 months after the effective date of the COC Staff training. Testing and operationalizing of ICP-MS Weld County 7 months after the effective date of the COC Page 6 of 9 6 -month Status Report Due to CDPHE Weld County December 2019 12 -month Status Report Due to CDPHE Weld County June 2020 18 -month Status Report Due to CDPHE Weld County December 2020 Projected Completion Date Weld County June 2021 SEP Completion Report Due to CDPHE Weld County July 2021 Reporting Requirements Biannual Status Reports a biannual project status report to the department's SEP include the following information: completed to date; listing funds expended to date by budget category; and changes to the project scope or timeline. be submitted within 30 days of project completion and contain of the project as implemented; project deliverables and tasks along with the associated problems encountered and the solutions thereto; including itemized costs, documented by copies of purchase or canceled checks; that the SEP has been fully implemented pursuant to Settlement Agreement and this SEP Agreement; and public health benefits resulting from SEP along with quantification of the outcomes and benefits; educational or outreach materials developed or produced as the project. The SEP Administrator will submit Coordinator. Status reports will • A description of activities • A budget summary table • A discussion of any anticipated Final SEP Completion Report The SEP Completion report will at a minimum: • A detailed description • A summary table identifying completion date; • A description of any operating • A full expense accounting orders, contracts, receipts • Certification and demonstration the provisions of the • A description of the environmental implementation of the • Examples of brochures, part of the SEP; and • Photographs documenting Page 7 of 9 Only qualified tax-exempt 501(c)(3) nonprofits or governmental organizations are eligible to serve as the SEP Administrator. The SEP Administrator agrees to the following SEP conditions and requirements: I. Maintain the SEP funds paid by the regulated entity in an independent SEP account and draw funds from the account as -needed for the purposes outlined in this SEP Agreement. II. Communicate issues and concerns related to the SEP promptly to the department SEP Coordinator. Third Party SEP Administrator Conditions and Requirements III. If the SEP Administrator elects to publicize the name of a violator in connection with the SEP either orally or in writing, the SEP Administrator must also include the following statement: "This project was undertaken in connection with the settlement of an enforcement action taken by the Colorado Department of Public Health and Environment for violations of environmental laws and regulations". IV. Complete the SEP as described in this SEP Agreement a. Any changes to the approved project scope or timeline must receive prior written approval from the department. b. Budget reallocations of up to 10% of the total SEP payment amount may be made without prior authorization. Budget reallocations of over 10% must first receive written prior authorization from the department. V. Complete the SEP within the time frame(s) indicated in this SEP Agreement. If the SEP Administrator is unable to meet the SEP Agreement time frame(s) for the completion of the SEP, the SEP Administrator may request a deadline extension in writing from the department no later than 30 days prior to the deadline. VI. In any of the following situations, all funds remaining in the SEP account shall be released to the department within 30 days of the department's written request: a. The SEP Administrator fails to complete the project or submit the final SEP Completion Report; b. The project has been fully implemented and there are still funds remaining in the SEP account; or c. The department terminates the SEP for failure of the Third -Party SEP Administrator to adhere to this SEP Agreement. VII. Make available, at the department's request, all records pertaining to the SEP. a. The SEP Administrator shall maintain a complete file of all records, documents, communications, and other materials that pertain to the operation of the SEP or the delivery of services under the SEP Agreement. Such files shall be sufficient to properly reflect all direct and indirect costs of labor, materials, equipment, supplies and services. b. The SEP Administrator authorizes the department to perform audits and/or inspections of its SEP records, at any reasonable time during the implementation of the project and for a period of one (1) year following the completion of the project. Failure to adhere to any of the above conditions and requirements may result in the termination of the SEP and/or no further SEP referrals. Page 8 of 9 To be completed in the event of a SEP agreement only: This SEP has been reviewed and approved by the Colorado Department of Public Health and Environment. �,.f{'/ -- I /i i), iq Signed Dath Nicole Rowan, P.E. Clean Water Program Manager Water Quality Control Division Colorado Department of Public Health and Environment t .,,,,c_ik.. Dj Signed Date Lauren McDonell, SEP Coordinator Sustainability Program Colorado Department of Public Health and Environment I, Barbara Kirkmeyer, Chair of the Weld County Board of Commissioners, certify on the behalf of the Weld County Department of Public Health and Environment,. that the Weld County Department of Public Health and Environment is not required or has not previously committed to perform this and agrees to the SEP conditions andp'7,1,-: project gr require ;+�_ .......... this document. 2. � • 08/19/2019 x•e.c �t -�;�' ro _ 1 ''� Signed �'° i i Date Barbara Kirkmeyer _ — - Chair, Weld County Board of Commissio i./. Page 9 of 9 do/ 9-.371/Y6 j New Contract Request Entity Information Entity Name* COLORADO DEPT OF PUBLIC HEALTH/ENVIRONMENT Entity ID* @UC1C'C'1926 Contract Name* Contract ID CDPHE WOOD NOBLE ENERGY SEP AGREEMENT LEAD 3083 Contract Status CTB REVIEW Contract Lead* TGEISER ❑ New Entity? Parent Contract ID Requires Board Approval YES Contract Lead Email Department Project I tgeise<r©co weldco us Contract Description * COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WATER OUAILITY CONTROL DIV SIGN SUPPLEMENTAL ENVIRONMENTAL PROJECTS AGREEMENT - NOBLE ENERGY - EQUIPMENT AND LEAD REMEDIAT ON Contract Description 2 Contract Type* AGREEMENT Amount* $447 587 00 Renewable* NO Automatic Renewal NO Grant YES IGA NO Department HEALTH Department Email CM-Hea4th@weldggov corn Department Head Email C vI-Heath- DeptHead@wei'dgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM - CC !UNTYATTORNEY@1.' IELD GOV C Ov1 Requested BOCC Agenda Date* 08.1'912019 Due Date 0&19/2015 Will a work session with BOCC be required?* NC) Does Contract require Purchasing Dept. NC) luded? Grant Deadline Date If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date 03119!2019 Review Date* 081D',207'1 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date u 07,21,0021 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head TANYA GESER DH Approved Date D8115/2019 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date Da/19/2019 Originator TOEISER Contact Type Contact Email Finance Approver BARB CONNOLLY Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 08;15/2019 Tyler Ref # AG 0819199 Legal Counsel KARIN MCDOUGAL Legal Counsel Approved Date 08/15,12019 Submit Hello