HomeMy WebLinkAboutConsent Order
Augusta Richmond GA
DOCUMENT NAME: ~on5c~Y'\-\- Order
DOCUMENT TYPE: CJ~\OLn3e 0 role\(
YEAR: 1-Cf::J'?J
BOX NUMBER: ~
FILE NUMBER: \\ \ Oq
NUMBER OF PAGES:
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02/139/213134 14:313 7136-312-4123
AUG UTILITIES DEPT
Georgia Dsartment of NaUiral Resources
2 Mel11n Lu1t1er King, Jr. Drive. S,E" Suite 1101. East TOVVElr, Atlanltl, aeorgl!l3M~4.9000
Lonlca C. SUrr9tt, Commissioner
Caltll A, Coucl1, Ph,D.. Olrect()l'
EnvIronmental Protection Olvlaion
404165&4713
December 19,2003
Honorable Bob Young
Mayor of Augusta
530 Greene Street
Augusta, Georgia 30911-4406
RE: Consent Order No. E.PD..WQ4225
NPDES Permit No. GA0047147
Dear Mayor Young:
The public notice comment period for your proposed Consent Order has ended,
No revisIons were made to the Order that wa& prevIously transmitted to you. Enclosed
is a copy of the executed Order. The City will be expected to comply with all the
conditions of the Order. Furthermore. the City Is responsible for submitting the
settlement amount of $43,312.00 in the form of a check, made payable to the Georgia
Department of Natural Resources, within 30 days of the execution date of the Order.
Your cooperation In this matter is appreciated.
Sln~Q.l
Carol A. Couch, Ph.D.
Director
CAe/em}
Enclosure
cc: D. Anen Sa)(on, Jr., MS, Assistant Director - Wastewater
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i'
E~RONMENTAL PROTl:CTlON DIVISI<-.t'
OF THE
DEPARTMcNTOFNATURALRESOURCES
STATE OF GEORGIA
IN RE: Augusts, Georgia
ORDER NO, EPD.WQ-4225
CONSENT ORDER
WHEREAS, The City of Augusta (City). was 'issued National Pollutant Discharge
Elimination System Permit No. GA0047147 (Spirit Creek Permit) by the Director of the Georgia
Environmental Protection Division (Director, EPD) for its Spirit Creek wastewater treatment
facility (Spirit Creek Facility) loeated in Richmond County in the Savannah River B,asln; and
WHEREAS, the City waB Issued National Pollutant Discharge Elimination System Permit
No. GA0037621 (J,B. Messerly Permit) by the EPD for its J.B. Messerly wastewater treatment
,
facilitY' (J.B. Messer1y Fadlfty) located in Richmond County in the Savannah River Basin; and
WHEREAS, the Permits authorize the Facilities to discharge treated W81lstewater
according to effluent limitations, monitoring requirements, and other conditions set forth in the
Pe""i1S; and
.WHEREAS, on November 12, 1997, EPD and the City e;lC;8cuted Consent Order No,
EPD.WQ.3432 (Order) to address Spirit Creek Permit violations at the Spint Creek Facility; and
WHEREAS, the Order required that the City submit e ,sohedule for corrective actions
necessary to eliminate the sources of inflow and infiltration (III) into that collection system; and
WHEREAS, according to the City, the rehabilitation work In the schedule that was
incorporated into the Order was completed In 'July 2002: and
WHEREAS, based on Spirit Creek Facility Discha'rge Monitoring Reports, flow volumes
have not decreased at the Spirit Creek Facility as a result of the rehabilitation, and in fact since
August 2002 flow quantltle!! have Increased and remain a chronic prOblem (actual average
monthly effluent flow since August 2002 is 3,88 MIllion Gallons Per Day (MaD) versus a
permitted monthly effluent flow of 2,24 MGD); and
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WHEREAS, the Spil._~reek Facility has also contInued to,....Jlate permitted limits for
BIochemical Oxygen Demand (BOD~) and Total Suspended Solids (TSS) percentage removals;
and
WHEREAS. EPO met with the City on April 4, 2003 to discuss the chronic Permit
violatIons at the Spirtt Creek FacilitY; and
WHEREAS, during the meeting the Cf1y discussed plan5 for continued rehabilitatIon of
the Spirit Creek Facility collection system intended to reduce 1/1; and
WHEREAS. the City submitted en August a, 2003 letter to EPD describing the City's
revised approach to addressing the flow i5sue at the Spirit Creek Facility and schedule for
completion; and
WHEREAS. Chapter 391-3-6-.05 of the Georgia Rules and Regulations for Water
Quality Control (Rules) defines, In part, a 'spill" as any discharge of raw sewage by a publicly
owned treatment works (POTW) to the waters of the State and a "major spill" as any discharge
of raw sewage that is in exee99 of 10,000 gallons or results in water quality violations in the
waters of the State; end
WHEREAS, -slnoe January 9, 2003, the City has reported the following unpermitted
discharges to the waters of the State from the J,B, Messerly Facility and Spirit Creek Facility
'sanitary sewer systems:
Date of Spill Gallons Waterway Impacted Cause
4J14J2003 21,600 Butler Creek Grease Blockaae .
3/24/2003 7,650 Trlbutarv to Raes Creek Line Collapse
3/24/2003 _ 1,700 Tributary to Spirit Creek Line Blockaoe
3/22/2003 8100 Tributary to Ra~s Creek Line Blockaqe
3/20/2003 2.940 TributafV to Rockv Creek Roots in Line
3/20/2003 23,400 Savannah River Rain Induced
3/15/2003 1,071.300 Rs9S Cr&sk Rain Induced
3n /2003 140,625 Raes Creek Rain Induced
21212003 3,300 Tributary to Butler Creek Line Blockace
119/2003 3,500 Crane Creek Line Blockage
WHEREAS. the March 7, March 15 and March 20, 2003 unpermitted discharges were
the result of excessive rainfall into a flow capacity limited area thaI is impacted by III whose
reh~bllltatlon has been addressed In a separate order; and
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. WHEREAS. Chapte't.-A1.3-6-.02(2)(e) of EPD's Rules def..,......o Psewerage system" as
any system that treats or disposes of pollutants Including treatment WOrks, pIpelines or conduits,
pumping sta'tions or force mains, and all o1t1er appurtenant constNctions, devices and
appliances used to conduct pollutants to the p~jnt of ultimate disposal; and
WHEREAS, the sewer lines that experienced the unpermitted discharges are part of the
sewerage system; and
WHEREAS. Chapter 391-3-6-.03(5)(b) of the Rules states that all waters shall be free'
from 011, scum and floating debris associated with municipal or domestic sewage, industrial
waste or other discharges In amount sufficient to be unsightly or to Interfere with legitimate
water uses; and
WHEREAS, Part II.A,1. of the Permit$ requires that the City maintain and operate as
efficiently as possIble all treatment or control facilities and related equipment installed or used
by the City to achieve compliance with the Permits; and
WHEREAS. Section 12-5-29(a) of the Official Code of Georgia Annotated (Code) makes
It unlawful to use any waters of the State to dispose of sewage or other wastes. except to
comply with the Code and all rules, regulations, orders, and permits established under the
Code; and
WHEREAS. Section 11-5-52(9) of the Code specifies that any pen>on violating the Code
or any permit condition or limitation established pursuant to the Code shall be liable to the State
of Georgia for a civil penalty not to exceed $50,000 per day for each day during which such
violations continue; and
WHEREAS, the Permit exceedances and spills addressed In this Order are violations of
the Rules, Permits and Code; and
WHEREAS. failure of the Director to take Elppropriele enforcement action against the
City for noncompliance could result in Federal enforcement action against the City; and
WHEREAS. the City in en effort to cooperate with EPD and comply with the Code.
agrees to comply with this Order.
NOW THEREFORE. the Director ORDERS and the City AGREES as follows:
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1. Within 30 ciay~..-irom the execution date of this c..~r, pay to the Georgia
. Department of Natural Resources $43,312.00 for the unpermitted dIscharges
documented in this Order and for failure to maximize operation of the Spirit Creek
Facility sanitary sewer sygtem.
2. Allow no additional sewer connections nor any Increase In flow from existing
connectlol"'S to the Spirit Creek Facility sanitary sewer sY$lem without prior written
approval from EPD with the exception of:
a. Owner-built single~fam\ly residences to be built on land owned
by the rasident before the effective date of this Order.
b. Services essential to the community, defined as churches,
schoofs, nursing homes and hos~itals.
3. Submit to EPD within fifteen days from th@ AXl!lOUtlon date of this Order, a list of
customers in the area served by lhA Spirit Creek Facility sanitary sewer system to
whom the City has commItted to provide sewer service. This list shalt include all
commitments not yet connected to the system thqt were made on or before the
execution date of this Order,
4. When making a connection request under Cond)tlon No, 2. or reporting prior
commitments for service under Condition No.3, submit the name, address (or
loeation) and owner of the project, the date the commitment was made and the date
~
the project will be connected, the type of connection and the anticipated flow from
the connection.
5. Complete construction of the Splrll Creek Pump Station and Force Main project
referenced in the City's August 8, 2003 letter by September 30,2006.
6. Within 30 days from the execution date of this Order, submit to EPD the scope of
work for the project identified in the City's August B. 2003 letter as the Spirit Creek
III Reduction project
7. No later than November 12. 2003, receive bids and give a Notice to Proceed for the
Spirit Creek III Reduction project referenced in the City's August 8, 2003 lefler,
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8. Beginning 90 0......... from the execution date of this <.,._.er, and every 90 days
thereafter, submit to EPD a status report on the Spirit Creek III Reduction project
and Spirit Creek Pump Station and Force Main project.
9. Beginning on the effective date of the Order and each month thereafter until
September 30. 2006, pay to EPD a total stipulated penalty of $2,000.00 per month
for any month or portion thereof that the City fails to comply With Spirit Creek
Facility permitted effluent Iimltatlon(s) with the exception of flow, BODs percentage
removal and TSS percentagf!l removel.
10. Beginning on October 1, 2006 end each month thereafter until the City has
achieved Permit compliance (or six ~onseC1Jtive calendar months, pay to EPO a
total stipulated penalty of $6,000,00 per month for eny month or portion thereof that
the City fails to comply with any Spirit Creek Faclllty.permltted effluent IImltation(S).
The check in the penalty amount shall be submitted to EPO no later than the 15t~
day of the month following the month In which the City failed to comply with SpIrit
Creek Facility permitted effluent Iimitation(s). The City may also request at that time
(end of the six m(Jnth time period) that EPD reevalL.\a\e the sewer ban requirement
as specified in this Order.
11. Within 120 days of the executIon date of this Order, submit to EPD th9 results of an
evaluation of dry weather flows for the Spirit Creek Facility collection system versus
III influenced flows. Appropriate flow sampling .points should be selected on the
col/ection system that adequately isolate and evaluate dry weather and 1/1
Influenced flows so that comparisons can be m~de. The resul~s of this evaluation
should then be used as a means to determine dry' weather hydraulic loadings to the
Spirit Cteek Facility versus those influenced by system Ill.
12, Continue the stream-monitoring program in accordance with the requirements of the
major spill provisions corrtaine~ in the Permits and Rules for the March 7. 2003.
March 15.2003. March 20, 2003 and April 14, 2003 major spills.
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~AGE 68
This Order does not ~ve EPO's power to take further enforv-.,..f1ent action, or imply that
EPD w1l1 not take such action. jf the CitY (1) fails to meet applicable Permit limits, (2) or the City
does nol fiJlly satisfy the condlllons of the Order, or (3) fully comply with other relevant
requirements.
This Order;s not a finding. adjudIcation of. or evidence of a violation of an~ State law by
the City nor does the CI\y by its consent agree to any violation!' C'lf State lawS nor admit any
liability to any third party or parties.
This Order supercedes Consent Order No, EPD-WQ-3432.
This Order does not relieve the City of any obligatio'" or requirements of the Permits.
This Order is final and effective Immediately, and shall not be appealable. and the City
waives any hearing in Its terms and conditions.
It is SO ORDeRED, CONSENTED, and AGREED TO this l~day of b L
2003.
FOR THE DIVISION:
OJJClA
CAROL A. COUCH, Ph.D.
D1~egtor
FOR THE CITY:
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