HomeMy WebLinkAboutConsent Order Nos. EPD-WQ-3226 and EPD-WQ-3227
Augusta Richmond GA
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DOCUMENT TYPE:
YEAR: I qq u
BOX NUMBER: I
FILE NUMBER: J J- :; q:J-
NUMBER OF PAGES: I :l
Georgia Department of Natural Resources
205 Butler Street, S.E., East Floyd Tower, Atlanta', Georgia 30334
Lonice C. Barrett, Commissioner
Harold F, Reheis, Director
David Word, Assistant Director
Environmental Protection Division
404/656-4713
January 25, 1996
Honorable Larry E. Sconyers
Mayor of Augusta-Richmond County Commission
Municipal Building, Room 806
Augusta, Georgia 30911
RE: Consent Order Nos. EPD-WQ-3226 and
EPD-WQ-3227
Dear Mayor Sconyers:
We have received the signed referenced Consent Orders. Enclosed are copies
of the executed Consent Orders. The City of Augusta will be expected to meet all of
the conditions of the Orders.
Your cooperation in this matter is appreciated.
Sincerely,
4~~
Harold F. Reheis
Director
HFR/lape
Enclosures
cc: Mr. Charles T. Dillard
City Administrator
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ENVIRONMENTAL PROTECTION DIVISION
OF THE
DEPARTMENT OF NATURAL RESOURCES
STATE OF GEORGIA
IN RE:
City of Augusta
Combined Sewer Overflows
ORDER NO. EPD-WQ-3226
CONSENT ORDER
WHEREAS, the City of Augusta (City) owns and operates a combined
sewer collection system (System) that contains one or more Combined Sewer
Overflows (CSOs); and
WHEREAS, the City was issued National Pollutant Discharge Elimination
System Permit No. GA0036889 (NPDES Permit) for the CSOs by the Director of the
Georgia Environmental Protection Division (Director, EPD) on March 31, 1992; and
WHEREAS, the EPD issued Administrative Order No. EPD-WQ-1865
(Administrative Order) on March 31, 1992 requiring compliance with the NPDES
Permit by December 31,' 1995; and
WHEREAS, in a May 3, 1995 letter the City indicated that it would not
be able to complete the construction projects necessary to eliminate the Pearl Avenue
CSO and the Giass FaclOry Avenue CSO; and
WHEREAS, EPD is concerned about the delay in construction completion
of the Pearl Avenue CSO and the Glass Factory CSO; and
WHEREAS, on June 9 and October 1 1, 1995 meetings were held
between the EPD and the City to discuss completion of theCSO projects; and
WHEREAS, failure of the City to comply with the Administrative Order
is a violation of Section 12.5-29 (al of the Official Code of Georgia Annotated (Code)
which 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 12-5-29.1 of the Code states that CSO Construction
shall be substantially complete and operational by December 31, 1995; 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.
NOW, THEREFORE, the Director ORDERS and the City AGREES (as
follows:
1. The City shall pay a stipulated penalty in accordance with the
following schedule for the Pearl Avenue and Glass Factory CSOs
for each day beyond December 31, 1995 construction is not
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completed on the CSOs.
a. The City shall pay a stipulated penalty of $3,500 per CSO
for each month or portion thereof beyond December 31,
1995 that construction is not completed on the CSOs.
This penalty shall be in effect until December 31, 1996.
b. For the period beginning January 1, 1997 and ending June
30, 1997 the City shall pay a stipulated penalty of $6,500
per CSO for each month or portion thereof that
construction is not completed.
c. For the period beginning July 1, 1997 and ending when
construction of the CSO projects has been completed, the
City shall pay a stipulated penalty of $13,000 per CSO for
each month or portion thereof that construction is not
completed.
2. Payments resulting from the Conditions above shall be made
monthly to the EPD no later than the 15th day of the month
following the month in which the violation occurs.
This Order does not waive the EPD's power to take further enforcement
action, or imply that the EPD will take such action, if the City fails to (1) meet the
NPDES Permit I limits if the City does not fully satisfy the conditions of the
Administrative 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 the City nor does the City by its consent agree to any violations of
State laws or admit any liability to any third party or parties.
This Order shall be terminated upon completion of construction of all
CSO projects and final payment of all appropriate stipulated penalties.
This Order does not relieve the City of any obligations or requirements
of the NPDES Permit or Administrative Order.
This Order is final and effective immediately, and shall not be appealable,
and the City waives any hearing on the terms and conditions.
Januarv
It is so ORDERED, CONSENTED and AGREED to this
25th day of
, 1996.
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HAROLD F. REHEIS
Director
CITY OF AUGUSTA
By: Ch~L~~
Title:Ci ty Administrator
Date: January 2, 1996
ENVIRONMENTAL PROTECTION DIVISION
OF THE
DEPARTMENT OF NATURAL RESOURCES
STATE OF GEORGIA
IN RE:
City of Augusta
J. B. Messerly
Water Pollution Control Plant
ORDER NO. EPD-WQ-3227
CONSENT ORDER
WHEREAS, the - City of Augusta (City) was issued National Pollutant
Discharge Elimination System, Permit No. GA0020087 (Permit) by the Director of the
Georgia Environmental Protection Division (Director, EPD) for its J. B. Messerly
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, Administrative Order No. EPD-WQ-1991 (Administrative
Order) was issued to the City on June 23, 1993, to establish a schedule for achieving
compliance with the chemical specific limits contained in the Permit; and
)
WHEREAS, Condition 2.g of the Administrative Order requires the City
to attain compliance with the chemical specific limits in the Permit by June 23, 1996;
and
WHEREAS, in a -May 11, 1994 letter, the City notified the EPD that it
intended to achieve compliance with the Permit by adding a constructed wetlands
system for nitrogen removal and effluent polishing; and
WHEREAS, the City, in a May 3, 1995 letter, requested that the
compliance schedule in the Administrative Order be amended to provide time for
construction of the wetlands system; and
WHEREAS, Sections 391-3-6-.08 and .09 of the EPD's Rules and
Regulations for Water Quality Control (Rules) establish the requirements for
development and administration of industrial pretreatment programs in accordance
with 40 CFR Part 403; and
WHEREAS, Section 391-3-6-.09(3)(f) requires -the City to develop a
program submission which includes the information set forth in 40 CFR Part 403.9(b)
and 403.8(f); and
WHEREAS, 40 CFR Part 403.8(f) requires the City to develop local limits
to control the discharges from industrial users; and
WHEREAS, the City has not proceeded with developing the local limits
due to Questioning the 1988 and 1993 Butler Creek stream flow determinations; and
WHEREAS, Section 391-3-6-.06 ofthe Rules establishes the requirement
that an effluent limit for any chemical constituent exceeding the instream
concentration by fifty percent (50%) or more of the instream standard will be included
J
in the Permit; and
WHEREAS, aquatic biomonitoring of the Facility's effluent, conducted by
EPD, and summarized in a December 1992 report, demonstrated the existence of
chronic toxicity; and
WHEREAS, based on a review of the Discharge Monitoring Reports for
July 1993 through July 1995, the Facility's effluent is exceeding the instream
,concentration by greater than fifty percent for several parameters; and
WHEREAS, the EPD must modify the Permit to contain chemical specific
effluent limits for these parameters; and
WHEREAS, the City will be unable to comply with the chemical specific
effluent limits in the Permit; and
WHEREAS, on October 11, 1995, a meeting was held between the EPD
and the City to discuss the problems affecting permit compliance and to establish a
schedule for attaining compliance; 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
WHEREAS, the City, in an effort to cooperate with the EPD and comply
with the Code, agrees to comply with this Order.
NOW, THEREFORE, the Director hereby ORDERS and the City AGREES
as follows:
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1. Attain compliance with the following limitations and monitoring
requirements, beginning on the effective date of this Order:
Discharae limitations (ma!ll Measurement Sample Sample
Parameter Monthly Avg. Weekly Ava, Freauency Tyoe Location
Flow-m3/Day (MGD) 174,488 218,016 Daily Continuous Effluent
(46.1 ) (57.6) Recording
Total Suspended 30 (5243) 45(6551) Five/Week Composite Influent and
. Solids, mg/1 Effluent
Biochemical Oxygen 30 (5243) 45(6551) Five/Week Composite Influent and
Demand (5-Day), mg/I Effluent
Fecal Coliform 200/100 ml 400/100 ml Three/Week Grab Effluent
Bacteria
Ammonia as N, mg/1 17.4 (3041) 26.1 (3799) TwolYear Composite Effluent
Total Residual Daily Grab Effluent
chlorine, mg/1
Copper One/Month Composite Effluent
Cyanide One/Month Grab Effluent
Mercury One/Month Composite Effluent
The pH shall not be less than 6.0 ~tandard units nor greater than 9.0 standard units and shall
be monitored on the final effluent by a grab sample daily.
The minimum effluent Dissolved Oxygen shall not be less than 2.0 mg/l and shall be
monitored on the final effluent by a grab sample daily.
2. The City shall achieve compliance with the final effluent limitations
specified in the Permit through the construction of a wetland system in
accordance with the following schedule:
a) Begin construction of Phase I of, the wetland system (two
wetland cell pilot study) by May 1, 1996;
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b) Submit a progress report to EPD by December 1, 1996,
providing a status on completing construction of Phase I;
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Complete construction of Phase I by August 1, 1997;
Submit a progress report to EPD by May 1, 1998, describing any
noted problems and including an evaluation of the effectiveness
of the Phase I System;
Submit a progress report to EPD by February 1, 1999, providing
a status on completing construction of the wetland system and
the results of the performance evaluation of Phase I;
Begin construction of Phase II of the wetland system (the
remaining wetland cells) by October 1, 1999;
Submit a progress report to EPD by April 1, 2000, providing a
status on completing construction of Phase II of the wetland
system;
h) Complete construction of Phase II by October 1, 2000;
i) Attain compliance with the final effluent limitations in the NPDES
Permit for the wetlands system by January 1, 2001.
3. Pay to the Georgia Department of Natural Resources $15,000 per month
for each month that milestone schedules in No.2 above (a,e, and f) are
not met. In the event the final construction milestone schedule date of
c)
d)
e)
f)
g)
October 1, 2000 is not met, the City will pay $20,000 per month until
compliance is achieved. A check for the penalty amount shall be
submitted to EPD no later than the 15th day of the following month.
4. The City shall develop two sets of local limits to be used i~ controlling
industrial user discharges. The first set of limits shall be based on past
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demonstrated performance of existing permitted industries or on
applicable categorical standards, whichever are more stringent. The
second set of limits shall be technically-based and shall be determined
using data relevant to the discharge to Butler Creek upon completion of
the wetland system. The two sets of proposed limits, including the
rationales used to calculate the limits, shall be submitted for EPD review
within 90 days of the execution date of the Order. Within 90 days of
receiving approval by the EPD, the City must complete adoption of the
local limits into the City's sewer use ordinance and incorporation of the
limits into the industrial user discharge permits.
5. The City shall conduct two definitive Whole Effluent Toxicity (WET)
tests within a calendar quarter. Two species must be used in the first
test. The tests shall be conducted in accordance with the EPD guidance
entitled "Guidance for Conducting Chronic WET Tests in Fulfillment of
Georgia NPDES Permit Requirements, August 1994." The results of the
WET tests shall be summarized in a report form, to be submitted for EPD
review within 150 days of the execution date of the Order. In the event
a WET test identifies the presence of toxicity, the EPD shall require the
City to develop a Toxicity Reduction Evaluation Plan which will be
incorporated as part of this Order.
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 the City fails to (1) meet the
Permit limits if the City 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 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 supersedes Administrative Order No. EPD:'WQ-1991.
This Order is final and effective immediately, and shall not be appealable,
and the City waives any hearing on its terms and conditions.
It is so ORDERED, CONSENTED and AGREED TO this
25th day of
January
,1996
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HAROLD F. REHEIS
Director
CITY OF AUGUSTA
BY: 6/u-L/ ,(;74/
TITLE: City Administrator
DATE: January 2, 1996
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