HomeMy WebLinkAboutConsent Order No. EPD-WQ-3986
Augusta Richmond GA
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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.
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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
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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
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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
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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
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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.
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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.
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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
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HAROLD F. REHEIS
Director
AUGUSTA, GEORGIA
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DATE: ~,.6
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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.
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