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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: ~ i o2r02/20e4 14:20 484-362-2691 GA EPD peEP PAGE 02/08 PAGE t'l2 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 j' 02(09/2004 14: 30 -,0U02de04 14: 20 705-312-4123 40c:l-362-2G91 AUG UTILITIES DEPT GA EPD peEP PAGE 03/08 PAGE 133 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 (' 02/09/2004 14:30 i B2/82/2S84 14:28 706-312-4123 484-362-2691 AUG UTILITIES DEPT GA EPD peEP PAGE 04/08 PAGE 04 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 2 02/09/2004 14:30 02/02/200~ 14:20 , j' 7 706-312-4123 40/1-352-2691 AUG UTILITIES DEPT GA E:PD PCE:P PAGE 05/08 PAGE as . 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: 3 .021139/213134 14:313 82i82/Z004 14:20 7136-312-4123 404-352-2691 AUG UTILITIES DEPT PAGE 06/138 GA EPD peEP PAGE ~G 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, 4 02109/2004 14:30 705-312-4123 02102/2004 14:20 404-362-2&91 AUG UTILITIES DEPT GA EPD peEP PAGE 07/08 PAGE a7 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. 5 B1/09/2004 14:30 . 132/El2/2a84 14: 28 705-312-4123 484-362-2691 AUG UTILITIES DEPT GA EPD PC~P PAGE 08/08 ~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. 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