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Resolution 2686-98 -... 2 3 4 5 6 7 8 9 10 II 13 14 \. 15 16 17 18 19 20 21 \. RESOLUTION NO. 2686-98 A Resolution of the South Tahoe Public Utility District Declaring an Emergency, Authorizing Contracts Without Bids, Delegating Authority to Order Emergency Action and Determining CEQA Exemption Gardner Mountain and South Y Replacement Wells WHEREAS, the number one mission of the South Tahoe Public Utility District is to ensure a safe and reliable supply of drinking water; and WHEREAS, the Tata Lane 1-4, Julie, and South Y Wells have been contaminated by Methyl tertiary Butyl Ether (MTBE), which due to taste and odor and unknown health risks poses a danger to public health throughout the Gardner Mountain and South Y area; and WHEREAS, these wells were immediately shut down upon confirmed detection of 12 MTBE; and WHEREAS, the loss of the Gardner Mountain Wells represent 78% of the drinking water production in the Gardner Mountain Zone, and the loss of Tata Wells 1-3, along with the previous loss of the Helen Wells due to a nearby MTBE plume, represent 58% of the drinking water production in the Airport Zone; and WHEREAS, these wells, by the nature of their design and hydraulic influencewithin the Lake Tahoe Basin, may influence further migration of the contaminate in the aquifer; and WHEREAS, the Tata Lane Well has been determined, by virtue of its dominant influence on the migration of the MTBE plume, to be a desirable extraction well for the purpose of control and remediation of the entire plume, and can not be used for public water 22 supply in the foreseeable future; and 23 WHEREAS, an analysis of the District's options for recovering it's water supply has 24 been completed with all due haste; and 25 WHEREAS, substantial evidence has been provided to the District which 26 demonstrates immediate action is necessary to prevent this loss or impairment, replace these 27 facilities, and enter into agreements with contractors and vendors to replace these facilities; 28 and Resolution No. 2686-98 \. Page 2 2 3 WHEREAS, emergency projects are exempt from the requirements of the California 4 Environmental Quality Act (CEQA) pursuant to CEQA guidelines sections 15269 and 15369. 5 NOW, THEREFORE BE IT RESOLVED, AS FOllOWS: 6 1. The contamination of the aquifer by MTBE is a sudden, unexpected occurrence 7 requiring immediate action to prevent or mitigate the loss or impairment of 8 health, property, and essential services and is therefore an emergency. 9 2. The emergency will not permit a delay resulting from a competitive solicitation 10 for bids. 11 3. Immediate actions directly related to the emergency, including destruction of the 12 existing wells, the design and construction of a new well not susceptible to 13 MTBE, and actions to procure the necessary equipment, services and supplies 14 are necessary to respond to the emergency and shall be made without giving \. 15 notice for bids to let contracts. 16 4. The General Manager of the District is hereby authorized and directed to order 17 any action necessary and appropriate to respond to the emergency. 18 5. This Resolution shall take effect immediately. 19 WE, THE UNDERSIGNED, do hereby certify that the above and foregoing Resolution 20 was duly and regularly adopted and passed by the Board of Directors of South Tahoe Public 21 Utility District at a regular meeting held on September 17,1998 by the following vote: 22 AYES: 23 NOES: 24 ABSENT: 25 111111111111 26 111111111111 27 /11111111111 '-' 28 111111111111 \." Resolution No. 2686-98 2 Page 3 3 4 5 6 7 8 9 10 11 ATTEST: 12 . ~f~~ 13 Kathy Sha\!:, Clerk or/r;e Board and 14 Ex-Officio ecretary to the Board of Directors '-' 15 16 17 18 19 20 21 22 23 24 25 26 27 \., 28