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HomeMy WebLinkAboutEnvironmental Protection Division Augusta Richmond GA DOCUMENT NAME:erl\J \ YO\) ,,()ef\"tGG\ p-'(o\ed\CX' d\\J\~\{)\} DOCUMENT TYPE: YEAR: C1l BOX NUMBER: O~ FILE NUMBER: \ ~ \ NUMBER OF PAGES: 5 ENVIRONMENTAL PROTECTION DIVISION OF TIHE DEPARTMENT OF NA 1rURAL RESOURCES STATE OF GEORGIA IN RE: Augusta-Richmond County J.B. Messerly Water Pollution Control Plant ORDER NO. EPD-WQ-3403 CONSFNT ORDER WHEREAS, on January 31, 1997, Augusta-Richmond County (ARC) provided verbal notification to the Environmental Protection Division (EPD) that on February 2, 1997 some necessary maintenance would be performed on two of the four main lift pumps at the J.B. Messerly water pollution control plant (Facility); and WHEREAS, on February 3, 1997, the ARC notified the EPD that a bypass of approximately 3 million gallons of raw sewage to the waters of the State occurred on February 2, 1997 as a result of the maintenance work; and WHEREAS, on February 13, 1997, representatives of t~e ARC and the EPD met to discuss the circumstances that resulted in the raw sewage bypass; and WHEREAS, based on the information provided by the ARC at the meeting and in a follow-up letter dated February 24, 1997, the planned maintenance activities conducted on February 2, 1997 took longer to complete than anticipated due to unanticipated problems associated with the removal of the existing valve assembly; and WHEREAS, on February 17, 1997, a representative of the EPD inspected the Facility and based on the results of that inspection, identified the need for a comprehensive rehabilitation of some components of the lift station, including the replacement of the liftpump discharge valves; and WHEREAS, the ARC has planned a rehabilitation of the Facility's lift station and included the rehabilitation project in ARC's recent revenue bond program; and WHEREAS, EPD is aware that the ARC took steps prior to the repair work to prevent a possible bYPas~;bvscheduling the work during a low flow period; and WHEREAS, the ARC took steps to reduce the impact caused by the bypass by chlorinating the raw sewage prior to discharge; and WHEREAS, Chapter 391-3-6-.02(2)(c) o! the EPD's Rules and Regulations for Water Quality Control (Rules) defines usewerage system" -as any system that treats or disposes of pollutants including treatment works, pipelines or conduits, devices, and appliances used to conduct poilutants to the point of ultimate disposal; and WHEREAS, the main lift pumps at the Facility are part of a sewerage system; 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 vi.~IC!ting 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 rot to exceed $50,000 per day of violation; and - WHEREAS, failure of the Director to take appropriate enforcement action against the ARC for noncompliance would result in Federal enforcement action against the ARC; and WHEREAS, the ARC, in an effort to cooperate with the EPD and comply with the Code, agrees to comply with this Order. NOW, THEREFORE, the Director ORDERS and the ARC AGREES as follows: 1.' Pay to the Georgia Department of Natural Resources $ 8,000.00 for the unpermitted discharge of raw sewage to the waters of the State that occurred on February 2, 1997. 2. . Submit to the EPD ~ithin 30 days from the effective date of the Order a written plan outlining the scope of the planned lift station rehabilitation project, along with a proposed schedule for design and construction of said project. 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 ARC fails to (1) meet the National Pollut?!nt Discharge Elimination System Permit (Permit) limits if the ARC 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 ARC nor does the ARC by its consent agree to any violations of State laws nor admit any liability to any third party or p,arties. This Order does not relieve the ARC of any obligations or requirements of the Permit. " - This Order is final and effective immediately, and shall not be appealable, and the ARC waives any hearing on its terms and conditions. It is so ORDERED, CONSENTED, and AGREED TO this 11th day of Augus t . .. - ~ I I 1997. FOR THE DIVISION: ~~ HAROLD F. REHEIS Director FOR AUGUSTA-RICHMOND COUNTY: BY' TITLE: DATE: Julv 10. 1997 llIIa ___ ~ u ~'f.iI?/R7 , 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 August 11, 1997 Honorable larry E. Sconyers Mayor of Augusta-Richmond County 806 Municipal Building Augusta, Georgia 30911 RE: Consent Order No. EPD-WQ-3403 Dear Mayor Sconyers: We have received the signed Consent Order and a check in the amount of. $8,000 from Augusta-Richmond County (ARC). Enclosed is a copy of the executed Order. The ARC 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