HomeMy WebLinkAboutEnvironmental Protection Division
Augusta Richmond GA
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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
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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.
"
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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
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,
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