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Home My WebLink AboutEPD Consent No. EPD-WQ-4139 Augusta Richmond GA DOCUMENT NAME: E~ Cs::f:\~ D\Ga 00. l::.~-W&-l\\3~ DOCUMENT TYPE: '(\(\ef'00'(of,du \0) YEAR: O-:s BOX NUMBER: \~ FILE NUMBER: \19~ ~ L\ NUMBER OF PAGES: 19 360 Bay Street, Suite 180 Augusta, Georgia 30901 Phone (706) 312-4154 Fax (706) 312-4123 www,augustaga,gov Memo To: Betty Murphy ~ From:Allen Saxon ,p Date: 9/8/03 Re: EPD Consent Order No. EPD-WQ-4139 , n Augusta Utilities Department Enclosed is a copy of the fully executed order which was signed by EPD on June 19, 2003. This is the order that was approved by the Commission on April 15, 2003. Please contact me if I can be of any further assistance. Georgia Department of Natural ResQurces 2 Martin Luther King, Jr. Dr. S.E" Suite 1152 East Floyd Tower, Atlanta, Georgia 30334 Lonice C. Barrett, Commissioner Harold F, Reheis, Director David Word, Assistant Director Environmental Protection Division 404/656-4713 June 19,2003 Honorable Bob Young Mayor of Augusta 530 Greene Street Augusta, Georgia 30911-4406 RE: Consent Order No. EPD-WQ-4139 NPDES Permit No. GA0037621 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. 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 $17,100.00 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. Sin~eri'Y' ~ -U"() ,:' T; '"\ ---+ ',' ~ I.. ," _L I ',<, l.'lvv')'_'.,I-'-.. 0 (\\G , r\ \ ~ -'\..i('~\;J Harold F. Reheis Director HFRlemj Enclosure cc: D. Allen Saxon, Jr., MS, Assistant Director - Wastewater ENVIRONMENTAL PROTECTION DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES STATE OF GEORGIA IN RE: August~. Georgia ORDER NO, EPD-WQ-4139 CONSENT ORDER WHEREAS. The City of Augusta (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, 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 excess of 10,000 gallons or results in water quality violations in the waters of the State; and WHEREAS, the City has reported the following unpermitted discharges to the waters of the State: Date of Spill Se tember 4, 2002 October 4, 2002 November 10,2002 November 12, 2002 November 29,2002 December 24, 2002 Gallons 2,100 23,500 3,000 66,000 4,200 46,500 Waterway Impacted Cause Oates Creek Turknett S rin Unnamed Tributa to Raes Creek Raes Creek Tributa to Raes Creek Raes Creek WHEREAS, on September 16, 2002, the City reported a major spill of 188,000 gallons of raw wastewater to the Savannah River; and 1 FEB-17-2003 12:24 P.05/07 WHEREAS, a~rding to the September 27 I 2002 report (Report) submitted by the City concerning the September 16, 2002 unpermitted discharge, erosion caused by , stormwater drainage 'significantly contributed to the collapse of the manhole i;lnd the resulting unpermitted discharge; and WHEREAS, representatives of the City and EPD met on December 18, 2002 to discuss the September 16, 2002 major spill: and WHEREAS, according ,to the Report, the sewer system has been repaired and modified to prevent a recurrence; and WHEREAS, during the December 18, 2002 meeting between the City and EPD, the City indicated that stormwater drainage in the area had not been addressed and potentially Could erode the area around the repaired sewer system again; and WHEREAS, Chapter 391-3-6-.02(2)(c) of EPD's Rules defines "sewerage system" as any system that treats or disposes of pollutants including treatment works, pipelines or conduits, pumping stations or force mains; and all other appurtenant constructions, devices and appliances used to conduct pollutants to the point 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 oil, scum and floating debris associated with municipal or domestic sewage, industrial waste or other discharges in aJ110unt sufficient to be unsightly or to interfere I with legitimate water uses; and WHEREAS, Part II.A.1, of the Permit requires that the City shall 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 Permit; and .. FEB-17-2003 12:25 P.06/07 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 for each day during which such violations continue; and WHEREAS, the spills addressed in this Order are violations of the Rules, Permit and Code; and 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. Pay to the Georgia Department of Natural Resources $17.100 for the unpermitted discharges of raw sewage that occurred on September 4,2002, September 16,2002, October 4,2002, November 10,2002, November 12, 2002, November 29, 2002, and December 24, 2002, 2. Submit to EPD within 120 days of the execution date of this Order, an : I engineering evaluation to determine the potential impact of stormwater drainage on material stability at the September 16, 2002 spill site. The evaluation should include any work schedules that, upon EPD approval, will become part of the Order. FEB-17~2003 12:25 P.07/07 3, Continue major spill monitoring activities for the September 16, October 4, November 12, and December 24,2002 spills. This Order does not waive EPD's power to take further enforcement action, or imply that EPO will not take such action, if the City (1) fails to meet Permit limits. (2) or the City does not fully sati~fy 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 will expire once Condition No. 2 and any schedules submitted in accordance with Condition No, 2 are completed to the satisfaction of EPD. This Order does not relieve the City of any obligation or requirements of the Permit. 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 ( F day of rJU{\ e-. ,2003 +~)- ~r~ FOR THE DIVISION: ~ HAROLD F. REHEIS Director FOR THE CITY: :~gu&a'G~ J ~ k 0-1 tH ~/;(;;lv3 ~.. I TITLE: DATE: