HomeMy WebLinkAboutCONSENT ORDER NO EPD-WQ-4226 NPDES PERMIT NO GA0047147
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Georgia Department of Namral Resources
2 Martin Luther KIng, Jr. Drive. S.E., Suite 1152 EastTower, Atlanta, Georgia 30334.9000
Lonlca C. Barrett, Commissioner
Carol A. Couch, Ph.D.. Direetor .
Environmental Protection Division
4041656-4713
December 19, 2003
Honorable Bob Young
Mayor of Augusta
530 Greene Street
Augusta, Georgia 30911-4406
RE: Consent Order No. EPD-WQ4225
NPDES Permit No. GA0047147
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 a 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 $43,312.00 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~(U
Carol A. Couch, Ph.D.
Director
CAC/emj
Enclosure
. cc: D. Allen Saxon, Jr., MS, Assistant Director - Wastewater
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EI'h1RONMENT AL PROTECTION DIVISI<-..-'
OF THE
DEPARTMENT OF NATURAL RESOURCES
STATE OF GEORGIA
IN RE: Augusta, Georgia
ORDER NO. EPD-WQ-4225
CONSENT ORDER
. WHEREAS, The City of Augusta (City), was 'issued National Pollutant Discharge
Elimination System Permit No. GA0047147 (Spirit Creek Permit) by the Director of ~e Georgia
Environmental Protection Division (Director, EPD) for its Spirit Creek wastewater treatment
facility (Spirit Creek Facility) locatld in Richmond County in the Savannah River Basin; and
WHEREAS, the City was issued National Pollutant Discharge Elimination System Permit
No. GA0037621 (J.B. Messerly Permit) by the EPD for its J.B. Messerly wastewater treatment
facility (J.B. Messerly Facility) located in RiChmond County in the Savannah River Basin; and
WHEREAS, the Permits authorize the Facilities to discharge treated wastewater
according to effluent limitations, monitoring requirements, and other conditions set forth in the
Permits; and
WHEREAS, on November 12, 1997, EPD and the City executed Consent Order No.
EPD-WQ-3432 (Order) to address Spirit Creek Permit violations at the Spirit Creek Facility; and
WHEREAS, the Order required that the City submit a -schedule for corrective actions
necessaiy to eliminate the sources of inflow and infiltl1ition (III) into that collection system; and
WHEREAS, according to the City. the rehabilitation work in the schedule that was
incorporated into the Order was completed in July 2002; and
WHEREAS, based on Spirit Creek Facility Discharge Monitoring Reports, flow volumes
have not decreased at the Spirit Creek Facility as a result of the rehabilitation, and in fact since
August 2002 flow quantities have increased and remain a chronic problem (actual average
monthly effluent flow since August 2002 is 3.88 Million Gallons Per Day (MGD) versus a
permitted monthly effluent flow of 2.24 MGD); and
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WHEREAS, the Sph,~-.creek Facility has also continued to ',~.-ilate permitted limits for
Biochemical Oxygen Demand (B005) and Total Suspended Solids (TSS) percentage removals;
and
WHEREAS, EPD met with the City on April 4, 2003 to discuss the chronic Permit
violations at the Spirit Creek Facility; and
WHEREAS, during the meeting the City discussed plans for continued-- rehabilitation of
the Spirit Creek Facility collection syStem intended to reduce 1/1; and
WHEREAS, the City submitted an August 8, 2003 letter to EPD describing the City's
revised approach to addressing the flow issue at the Spirit Creek Facility and schedule for
cOmpletion; 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 ~ater quality violations in the
waters of the State; and
WHEREAS, ,since January 9, 2003, the City has reported the following unpermitted
discharges to the waters of the State from the J.B. Messerly Facility and Spirit Creek Facility
'sanitary sewer systems:
Date of Spill Gallons Waterway Impacted Cause'
4/14/2003 21,600 Butler Creek Grease Blockaae .
3/24/2003 7,650 Tributary to Raes Creek Line Collapse
3/24/2003 . ,1'.700 Tributary to Spirit Creek Line Blockage
3/22/2003 8,100 Tributary to Raes Creek Line Blockaae
3/20/2003 2,940 Tributary to Rocky Creek Roots in Line
3/20/2003 23,400 Savannah River Rain Induced
3/15/2003 1,071,300 Raes Creek Rain Induced
31712003 140,625 Raes Creek Rain Induced
21212003 3,300 Tributary to Butler Creek Line Blockaae
1/9/2003 3,500 Crane Creek Line BlockaQe
WHEREAS, the March 7, March 15 and March 20, 2003 unpermitted discharges were
the result of excessive rainfall into a flow capacity limited area that is impacted by 1/1 whose
rehabilitation has been addressed In a separate order; and
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, WHEREAS, Chaptet--d91-3-6-.02(2){c) of EPD's Rules defk....o Asewerage 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 amount sufficient to be unsightly or to interfere with legitimate
water uses; and
WHEREAS, Partll.A.1. of the' Permits requires that the City 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 Permits; and
WHEREAS, Section 12-5-29{a) of the Official Code of Georgia Annotated (Code) makes
it unlawful to use any waters of the Stat~ 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 Permit exceedances and spills addressed in this Order are violations of
the Rules, Permits 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:
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1. Within 30 daY~.Arom the execution date of this Q...,.Jr, pay to the Georgia
'Department of' Natural Resources $43,312.00 for the unpermitted discharges
documented in this Order and for failure to maximize operation of the Spirit Creek
Facility sanitary sewer system.
2. Allow no additional sewer connections nor any increase in flow from existing
connections to the Spirit Creek Facility sanitary sewer system without prior written
approval from EPD with the exception of:
a. Owner-built single-family residences to be built on land owned
by the resident before the effective date of this Order.
b. Services essential to the community, defined as churches,
schools, nursing homes and hospitals.
3. Submit to EPD within fifteen days from the execution date of this Order, a list of
customers in the area served by the Spirit Creek Facility sanitary sewer system to
whom the City has committed to provide sewer service. This list shall include all
commitments not yet connected to the system tha.t were made on or before the
execution date of this Order.
4. Wh13n making a connection request under Condition No.2, or reporting prior
commitments for service under Condition No.3, submit the name, address (or
location) and owner of the project, the date the commitment was made and the date
the project will be connected. the type of connection and the anticipated flow from
the connection.
5. Complete construction of the Spirit Creek Pump Station and Force Main project
referenced in the City's August 8, 2003 letter by September 30, 2006.
6. Within 30 days from the execution date of this Order, submit to EPD the scope of
work for the project identified in the City's August 8, 2003 letter as the Spirit Creek '
III Reduction project.
7. No later than November 12. 2003, receive bids and give a Notice to Proceed for the
Spirit Creek III Reduction project referenced in the City's August 8. 2003 letter.
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8. Beginning 90 o...~ from the execution date of this <"'Jr, and every. 90 days
thereafter, submit to EPD a status report on the Spirit Creek III Reduction project
and Spirit Creek Pump Station and Force Main project.
9. Beginning on the effective date of the Order and each month thereafter until
September 30,2006, pay to EPD a total stipulated penalty of $2,000.00 per month
for any month or portion thereof that the City fails to comply, With Spirit Creek
. Facility permitted effluent Iimitation(s) with the exception of flow, BOD5 percentage
removal and TSSpercentage removal.
10. Beginning on 9ctober 1. 2006 and each month thereafter until the City has
achieved Permit compliance fOf six ~onsecutiVe calendar months, pay to EPD a
total stipulated penalty of $6,000.00 per month for any month or portion thereof that
the City fails to comply with any Spirit Creek Facility,permitted effluent Iimitation(s).
The check in the penalty amount shall be submitted to EPD no later than the 15th
day of the month following the month in which the City failed to comply with Spirit
Creek Facility permitted effluent Iimitation(s). The City may also request at that time
(end of the six month time period) that EPD reevaluate the sewer ban requirement
as specified in this Order.
11. Within 120 days of the execution date of this Order, submit to EPD the results of an
evaluation of dry weather flows for the Spirit Creek Facility collection system versus
I" influenced flows.. Appropriate flow sampling ,points should be selected on the
collection system that adequately isolate and evaluate dry weather and III
influenced flows so that comparisons can be made. The results of this evaluation
should then be used as a means to determine dry' weather hydraulic loadings to the
Spirit Creek Facility versus those influenced by system III.
12. . Continue the stream-monitoring program in accordance with the requirements of the
major spill provisions contained in the Permits and Rules for the March 7. 2003,
March 15.2003, March 20, 2003 and April 14, 2003 major spills.
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This Order does not ~1Ve EPD's power to take further enfOrD.-.....fl~nt action, or imply that
EPD will not take such action, if the City (1) fails to meet applicable Permit limits, (2) or the City
does not fully satisfy the conditions of the Order, or (3) fully comply with qther 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 law~ ~or admit any
liability to any third party or parties.
This Order supercedes Consent Order No. EPD-WQ-3432.
This Order does not relieve the City of any obligation or requirements of the Permits. .
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 1~day of Jl l- ,
2003.
FOR THE DIVISION;
~OJ-
CAROL A. COUCH, Ph.D.
Director
FOR THE CITY:
k:~US~ ~~
f TITLE: 1I1~~
DATE: OC flJj,~ 7. )..00,5
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