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 ....
"",',
",
" ': : :' .'~: ~ .
"."