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HomeMy WebLinkAboutConsent Order No. EPD-WQ-3986 Augusta Richmond GA DOCUMENT NAME: ~sen-t o'(de'( l)c). t.ro-~- 3q~l9 DOcUMENTTYPE:~rx)LA\Y) YEAR: c8 BOX NUMBER: \ S FILE NUMBER: \~~<6a NUMBER OF PAGES: q 360 Bay Street, Suite 180 Augusta, Georgia 30901 Phone: (706) 312-4122 Fax: (706) 312-4123 Augusta Utilities Department Administration Memo To: Betty Murphy From:Allen Saxon ~ Date: 11/26/02 Re: Consent Order EPD-WQ-3986 I received a request from Belinda Brown to send a copy of the referenced executed order for your file. The only copy I have is a fax from EPD, The original was mailed to Mayor Young on May 24,2002 but I never saw the original. Page 1 of 1 '~05/03/2002 05:59 4134-362-2691 GA EPD peEP PAGE 02 \. GeorQia Department of Natural Resources 2 Martin Luther King, Jr. Dr. S.E., Suite 1152 East Floyd Tower. Atlanta, Georgia 30334 Lonloo C, Barrett. Comm~roner , Harold F. Reheis, Director David Word, Assistant Director Environmental Protection DiVision 4041656-4713 May 24, 2002 Honorable Bob Young Mayor of Augusta 530 Greene Street Augusta, Georgia 30911-4406 RE: Consent Order No. EPD-WQ-3986 Dear Mayor Young: The public notice comment period for your proposed Consent Order has ended. No revisions were made to the Order that was previously transmitted to you. Enclosed is the copy of the executed Order. TI1e City will be expected to comply with all the conditions of the Order. Furthermore, the City is responsible for submitting the settlement amount of $23,000.00 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. Sincerely, ~}~ Harold F. Reheis Director HFRlemn Enclosure cc: D. Allen Saxon, Jr., MS, Assistant Director - Wastewater . ~ 06/03/2002 06:59 , 404-352-2591 GA EPD peEP PAGE 03 .. ENVIRONMENTAL PROTECTION DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES STATE OF GEORGIA IN RE: Augusta, Georgia ORDER NO. EPD-WQ-3986 CONSENT ORDER WHEREAS, Augusta. Georgia (City) was issued National Pollutant Discharge Elimination System Permit No. GA0037621 (Permit) by the Director of the Georgia Environmental Protection Division (Director, EPD) for its wastewater treatment facility (Facility); and WHEREAS, the Permit authorizes the Facility to discharge treated wastewater according to effluent limitations, monitoring requirements, and other conditions set forth in the Permit; and WHEREAS, Chapter 391-3-6-.05 of the Georgia Rules and Regulations for Water Quality Control (Rules) defines a "major spill", in part, as a discharge of pollutants into the waters of the State by a publicly owned treatment works that exceeds the weekly average permitted effluent limitation for BOD or total suspended solids (TSS) by 50 percent or greater for ahy one day or any discharge of raw sewage that is in excess of 10,000 gallons; and WHEREAS, during the period from July 3, 2001 to October 31, 2001, the City experienced 13 major spills from the Facility outfall as a result of TSS exceeding the weekly average permftted effluent limitation by greater than 50%; and 1 06/03/20132 136:59 4134-362-2691 GA EPD peEP PAGE 04 \ WHEREAS, 'on May 29, 2001, the Facility experienced a partial power outage which caused the influent lift station pumps to fail and resulted in a discharge of approximately 225,190 gallons of raw sewage from an upstream manhole to a ditch which flows to Phinizy Swamp; al1d WHEREAS, on August 1, 2001, a manhole at 3019 Walton Way overflowed and resulted in a discharge of approximately 1,440 gallons of raw sewage to Raes Creek; and WHEREAS, 011 October 18, 2001; a manhole at 328 Chatham Road overftowed and resulted in a discharge of approximately 500 gallons of raw sewage to Crane Creek; and WHEREAS, on August 28, 2001, representatives of EPD and the City met to rliscuss spill events to date; and WHEREAS, during the meeting, the City stated the TSS violations were the result of inorganic solids in the effluent, caused by erosion of the wetlands discharge conveyance ditch and sediment stirred up by fish in the polishing pond; and WHEREAS, the City also stated during the meeting that the May 29,2001 power outage at the Facility was the result of a power surge, possibly caused by a lightning strike, which resulted in a short in the north lighting system; and WHEREAS, EPD requested the City provide i:l schedule for correcting the problems contributing to the TSS major spills and the power outage at the Facility; and WHEREAS, the City submitted a September 19.2001 letter providing a schedule for rehabilitating the wetlands discharge conveyance ditch, the polishing pond, and the -;trical grounding system; and 2 - 06/03/2002 06:59 4~4-362-2591 GA EPD peEP PAGE 05 '. WHEREAS, in an October 3D, 2001 letter, the City amended the schedule submitted on September 19, 2001; and WHEREAS, the schedule stated that the wetlands discharge conveyance ditch lining would be completed by December 28,2001; and WHEREAS, the ditch rehabilitation was completed on December 21, 2001; and WHEREAS, in the October 30, 2001 letter, the City requested an alternate effluent sampling location during the rehabilitation work on the system; and WHEREAS, the influent line, Walton Way and Chatham Road manholes are part of the sewerage system; and WHEREAS, Chapter 391~3-6-.02(2)(c) of the Rules defines "sewerage system" as any system that treats or disposes of pollutants including treatment works, pipelines . conduits, pumping stations or force mains, and all other appurtenant constructions, devices, and other appliances used to conduct pollutants to the point of ultimate disposal; 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 12-5~52(a) of the Code specifies that any person 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 of violation; and 3 136/133/213132 136:59 4134-362-2691 GA EPD peEP PAGE 136 WHEREAS, failure of the Director to take appropriate enforcement action against the City for noncompliance could result in Federal enforcement action against the City; and WHEREAS, the City, in an 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: 1. Within 30 days of the effective date of the Order. pay to the Georgia Department of Natural Resources $23,000 for the major spills from the Facility outfall from July 3, 2001 to October 31, 2001, the May 29, 2001 major spill and the August 1 J 2001 and October 18, 2001 spills from the sewer system. 2. Complete rehabilitation of the polishing pond, including installation of an effluent weir, a pond liner, and aeratIon equipment, by July 31,2002. 3. Complete Phase ( Plant upgrade, including rehabilitation of the Master Control Center system, (I.e. construction of a new building, installation of equipment, and a switch-over strategy) by October 28, 2002. 4. Submit to EPD, a status report On each of the projects listed in Conditions No.2, and 3. If the project has been completed, then this should be stated in the report. If the project has not been completed, then an explanation for the delays and the proposed date for project completion should be stated in the report. a. The status report on the polishing pond project is due by August 15, 2002. 4 . 05/03/2002 05:59 404-362-2591 GA EPD PCEP PAGE 07 b. The status report on the Phase I Plant Upgrade IS due by November 15, 2002. 6. During the period the rehabilitation of the wetlands systems is being performed, the City shall collect effluent samples at alternate locations, in accordance with the schematic included with the November 30, 20011etler from the' City and the following: a. Beginning on the effective date of this Order until July 31, 2002, the City may, as needed, collect flow-proportioned effluent samples from the mechanical plant's effluent discharge location; b. Beginning on August 1, 2002 until October 31, 2002, the City may, as needed, collect effluent samples in accordance with Part 1.A.1.f of the Permit; and c. Beginning November 1, 2002. the City shall collect effluent samples in accordance with NPDES Permit No. GA0037621. This Order does not waive EPD's power to take further enforcement action, or imply that EPD will not take such action, if the City fails to (1) meet the Permit limits, (2) if the City does not fully satisfy the conditions of the Order, or (3) fully comply with other relevant requirements. This Order is not a finding, adjudication of, or evidence of, a violation of any State law by the' City nor does the City by its consent agree to any violations of State laws nor admit any liability to any third party or parties. This Order does not relieve the City of any obligations or requirements of the f nit. 5 '. 05/03~2002 05:59 40~-352-2591 GA EPD,PCEP PAGE 08 This Order is final and effective immediately, and shall not be appealable, and the City waives any hearing on its terms and conditions. % TO the d, <? ~, day of It is so ORDERED, CONSENTED and AGREED ~. 2002. FOR THE DIVISION: FOR THE CITY: 6 ~}Gd~ HAROLD F. REHEIS Director AUGUSTA, GEORGIA ,/ ./. .."..... BY' ~~, TITLd"""" ~ 7-""" DATE: ~,.6 / 360 Bay Street, Suite 180 Augusta, Georgia 30901 Phone: (706) 312-4122 Fax: (706) 312-4123 Augusta Utilities;' Department Administration '. Memo To: Belinda Brown W From:Allen Saxon JP Date: 03/27/02 Re: Signed EPD Consent Order Enclosed is a copy of the EPD consent order that was approved by the Augusta Commission on March 19,2002. Commissioner Colclough, as Mayor Pro Tempore, has signed this copy in the Mayor's absence. The original has been transmitted to EPD for their execution. Page 1 of 1