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HomeMy WebLinkAboutAugusta Spirit Creek WPCP Augusta Richmond GA DOCUMEN~NAME: t\~U'6tO '3;JW\-\' C)(eL'<-. W\)(~_\J , DOCUMENT TYPE: YEAR: C\il BOX NUMBER: D~ FILE NUMBER: \~ NUMBER OF PAGES: 19. 6, .~ -; ENVIRONMENTAL PROTECTION DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES STATE OF GEORGIA IN RE: Augusta Spirit Creek WPCP ORDER NO. EPD-WQ- 3432 CONSENT ORDER WHEREAS, Augusta was issued National Pollutant Discharge Elimination System Permit No. GA0047147 (NPDES Permit) by the Director of the Georgia Environmental Protection Division (Director, EPD) for its Spirit Creek wastewater treatment facility (Facility); and WHEREAS, the NPDES Permit authorizes Augusta to discharge treated wastewater in accordance with effluent limitations, monitoring requirements, and other conditions set forth in the NPDES Permit; and WHEREAS, based on a review of the Facility's Discharge Monitoring Reports (DMRs) for the period of January 1996 through June 1997 (18 months), this Facility has violated the Permit monthly average effluent limitation for flow eighteen times, weekly maximum effluent limitation for flow thirteen times, maximum effluent limitation for total residual chlorine (TRC) five times, monthly average effluent limitation for fecal coliform bacteria three times, weekly maximum effluent limitation for fecal coliform bacteria seven times, weekly minimum effluent limitation for pH four times and the weekly maximum loading for biochemical oxygen demand once (BODs); and WHEREAS, the EPD sent a Noncompliance Documentation letter to Augusta <::0 .. dated August 15, 1996 citing the violations of the NPDES Permit effluent limitations that occurred at the Facility during the months of January through June 1 996; and WHEREAS, on September 18, 1996, a meeting was held between representatives of the EPD and Augusta to discuss problems with maintaining permit compliance; and WHEREAS, a Notice of Violation letter was sent to Augusta dated November 25, 1996 documenting violations of the NPDES Permit effluent limitations for flow, feeai coliform bacteria and pH during the months of July through October 1996; and WHEREAS, in a letter dated November 25, 1996, Augusta requested that the Facility be placed under the B.2. limits of the Permit; and WHEREAS, in a December 30, 1996 letter to Augusta, the EPD authorized Augusta to operate the Facility in accordance with the B.2. limits of the Permit; and WHEREAS, the B.2. limits provided for al) upgrade in discharge from 1.12 MGD to 2.24 MGD with a revised TRC limit of 0.24 mg/I; and WHEREAS, during the months of November 1996 through June 1997, the Facility continued to experience Permit effluent limitation violations specifically for the upgraded flow and TRC limits; and WHEREAS, on July 15, 1997, an enforcement meeting was held between representatives of the EPD and, Augusta to discuss the noncompliance issue occurring at the Facility; and WHEREAS, Part II.A.5. of the Facility's NPDES Permit states that Augusta shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities (and related appurtenances) which are installed or used by Augusta to achieve compliance with the terms and conditions of the NPDES Permit; . .:': ~ and WHEREAS, Section 1 2-5-29(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, these violations of the NPDES Permit effluent limitations constitute a violation of the Code; and WHEREAS, 'Sec[ioll'j 2-5-52(ai of the Code specifies that any persor. violating any provision of 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 violation continues; and WHEREAS, failure of the Director to take appropriate enforcement action against Augusta for noncompliance would result in Federal enforcement action against Augusta; and WHEREAS, Augusta, in an effort to cooperate with the EPD and to comply with the provisions of the Code, agrees to comply with the terms and conditions of this Order. NOW, THEREFORE, the Director ORDERS and Augusta AGREES as follows: 1. Pay to the Georgia Department of Natural Resources $4,000 for Permit effluent violations. 2. Attain consistent compliance with the effluent limitations contained in the NPDES Permit within 90 days from the effective date of the Order with the exception of flow. , " ~ 3. Submit to the EPD within 120 days of the effective date of the Order, the results of Augusta's inspection program designed to reduce inflow and infiltration (III). The report should include the physical inspection of the sewer collection system and all related appurtenances. The report should include a schedule with milestone dates for the short term and long term corrective actions necessary to eliminate 1/1 sources. The schedule, when approved, will be incorporated as part of this Order. 4. Pay a total stipulated penalty of $1000 per month for every month or portion thereof that the facility violates any of its NPDES Permit limits, excluding flow, beginning 90 days after the effective date of this Order. This penalty is to be submitted to the EPD by the 15th day of the month following the month during which the violation occurred. This Order does not waive the EPD's power to take further enforcement action, or imply that the EPD will not take such action, if Augusta fails to (1) meet the NPDES Permit limits and does not fully satisfy the conditions of the Order, or (2) fully comply with other relevant requirements. This Order is,not a finding, adjudication of, or evidence of, a violation of any State law by Augusta nor does Augusta 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 Augusta of any obligations or requirements of the NPDES Permit. This Order is final and effective immediately, and shall not be appealable, and Augusta waives any hearing on its terms and conditions. It is so ORDERED, CONSENTED, and AGREED to this lath day of November , 1997. FOR THE DIRECTOR: --r~ ~ (ttL..:. HAROLD F. REHEIS Director BY: 1t:J11 $(97 I ' FOR AUGUSTA: AUGUST TITLE: DATE: .. t, 205 Butler Street, S.E., East Floyd Tower, Atlanta, Georgia 30334 Lonice C. Barrett, Commissioner Harold F. Aeheis, Director David Word, Assistant Director Environmental Protection Division 404/656-4713 November 17. 1997 Honorable Larry E. Sconyers Mayor of Augusta 806 Municipal Building Au,gusta, Georgia 30911 RE: Consent Order No. EPD-WQ-3432 Dear Mayor Sconyers: We have recieved the signed Consent Order and a check in the amount of $4,000 from Augusta. Enclosed is a copy of the executed Order. Augusta is expected to comply with all of the conditions of this Order. Your cooperation in this matter is appreciated. Sincerely, ~~~ Harold F. Reheis Director HFR/jlap , ~.: I' : f.. . \ " '('- : "~'..: : ;," ' i' :..~._~ ':....'} ::.;:. ,. ' . .. . T. ~ ": \;: '".)(::~ !:::.~:::::;t:} ,~..:) C'. ',- ',. /'. .. . ~., .... ,", or::,. i, ~,_ ~ : ,~j. ' ~ ~ '.,' : :):~,!~) t' f ,: : ~ ~ " '~ ." '.'1 .... "",', ", " ': : :' .'~: ~ . "."