HomeMy WebLinkAboutCONSENT AGREEMENT AND FINAL ORDER DOCKET NO EPCRA-2011-2029(b) J ��<ED ST,q
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
`� A y W REGION 4
z� � o a` SAM NUNN
��'Tq� PRQ ,��G�� ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA GEORGIA 30303-8960
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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Tom Wiedmeier
Director — Augusta Utilities
60 Bay Street, Suite 180
Augusta, Georgia 30901
SUBJECT: Augusta Utilities
Consent Agreement and Fina1 Order
Docket No. EPCRA-04-2011-2029(b)
Dear Mr. Wiedmeier:
Enclosed please find an executed copy of the Consent Agreement and Fina1 Order
(CAFO) that resolves the Emergency Planning and Community Right-to-Know Act of 1986
(EPCRA) matter (Docket No. EPCRA-04-2011-2029(b)) involving Augusta Utilities. The
CAFO was filed with the Regional Hearing Clerk, as required by 40 C.F.R. Part 22 and became
effective on the date of the filing.
Also enclosed, please find a copy of the "Notice of Securities and Exchange Commission
Registrants' Duty to Disclose Environmental Legal Proceedings." T'his document puts you on
notice of your potential duty to disclose to the Security and Exchange Commission (SEC) any
environmental enforcement actions taken by the Environmental Protection Agency (EPA). If
you have any questions with regards to the SEC's environmental disclosure requirements, you
may refer to the contact phone number at the bottom of the SEC Notice.
If you have any questions, please call Ms. Marlene Tucker at (404) 562-9536.
Sincerely
�
j �
o B. Falconer, Chief
CRA Enforcement Section
Enclosures
Internet Address (URL) • http://www.epa.gov
Recycled/Recyclable • Printed with Vegetabie Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY �
REGION 4 =
IN THE MATTER OF: ) ; . _
) _ -_:;
Augusta Utilities ) Docket Number: EPCRA-04-2011-2029(b} . ��
) -;
)
Respondent. )
)
CONSENT AGREEMENT AND FINAL ORDER
I. Nature of the Action
1. This is a civil penalty proceeding pursuant to Section 109 of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), as amended, 42 U.S.C.
§ 9609 and Section 325 of the Emergency Planning and Community Right-to-Know Act
(EPCRA), 42 U.S.C.§ 11045 and pursuant to the Consolidated Rules of Practice Governing
Administrative Assessment of Civil Penalties, and the Revocation/Termination or Suspension of
Permits (Consolidated Rules), codified at 40 C.F.R. Part 22. Complainant is the Director of the
Air, Pesticides and Toxics Management Division, Region 4, United Sta.tes Environmenta.l
Protection Agency (EPA). Respondent is Augusta Utilities.
2. Complainant and Respondent have conferred for the purpose of settlement
pursuant to 40 C.F.R. § 22.18(b) and desire to resolve this matter and settle the allegations
described herein without a formal hearing. Therefore, without the taking of any evidence or
testimony, the making of any argument, or the adjudication of any issue in this matter, and in
accordance with 40 C.F.R. §§ 22.13(b) and 22.18(b), this Consent Agreement and Final Order
(CAFO) will simultaneously commence and conclude this matter.
II. Preliminarv Statements
3. The authority to take action under Section 109 of CERCLA, 42 U.S.C. § 9609 and
Section 325 of EPCRA, 42 U.S.C. § 11045, is vested in the Administrator of EPA. The
Administrator of EPA has delegated this authority under CERCLA and under EPCRA to the
Regional Administrators by EPA Delegations 14-31 and 22-3-A, both dated May 11, 1994. The
Regional Administrator, Region 4, has redelegated to the Director, Air, Pesticides and Toxics
Management Division, the authority under CERCLA by EPA Region 4 Delegation 14-31 dated
March 8, 1999, and updated August 6, 2004, and the authority under EPCRA by EPA Region 4
Delegation 22-3-A, dated November 8, 1994. Pursuant to these delegations, the Director of the
Air, Pesticides and Toxics Management Division has the authority to commence an enforcement
action as the Complainant in this matter.
4. Respondent is a municipality that provides water and wastewater service in the
Augusta, Georgia area.
5. Respondent is a"person" as defined in Section 329(7) of EPCRA, 42 U.S.C.
§ 11049(7) and Section 101(21) of CERCLA, 42 U.S.C. § 9601(21).
6. Respondent has a"facility" as that term is defined by Section 101(9) of CERCLA,
42 U.S.C. § 9601(9) and by Section 329(4) of EPCRA, 42 U.S.C. § 11049(4).
7. Respondent's facility is located at 2760 Peach Orchard Road, Augusta, Georgia.
8. Respondent is an "owner or operator" of the facility as that,term is defined by
Section 101 (20)(A) of CERCLA, 42 U.S.C. § 9601(20)(A).
III. EPA's Allegations of Violations
Violation of 5ection 103(a of CERCLA
9. Section 102(a) of CERCLA, 42 U.S.C. § 9602(a), required the Administrator of
EPA to publish a list of substances designated as hazardous substances which, when released
into the environment, may present substantial danger to public health or welfare or the
environment and to promulgate regulations establishing the quantity of any hazardous substance
the release of which was required to be reported under Section 103(a) of CERCLA, 42 U.S.C.
§ 9603(a). EPA has published and amended such a list, including the corresponding reportable
quantities (RQ) for those substances. This list which is codified at 40 C.F.R. Part 302, was
initially published on Apri14, 1985 (50 Fed. Re�. 13474) and is periodically amended.
10. Section 103(a) of CERCLA, 42 U.S.C. § 9603(a), and the regulations found at
40 C.F.R. § 302.6, require a person in charge of a facility or vessel to immediately notify the
Natio�al Response Center (NRC), as soon as he or she has knowledge of a release of a hazardous
substance from such facility or vessel in an amount equal to, or greater than the reportable
quantity (RQ).
11. Respondent was in charge of the facility during the relevant period described
below.
12. Chlorine is a"hazardous substance" as that term is defined by Section 101(14) of
CERCLA, 42 U.S.C. § 9601(14), with an RQ of 100 pounds, as specified in 40 C.F.R. § 302.4.
13. On June 13, 2010, Respondent had a release of chlorine above the RQ at the
facility.
14. EPA alleges that Respondent violated the notification requirements of Section
103(a) of CERCLA, 42 U.S.C. § 9603(a), by failing to immediately notify the NRC as soon as
Respondent had knowledge of the release of chlorine in an amount equal to or greater than its
RQ at Respondent's facility and is therefore subject to the assessment of penalties under Section
109 of CERCLA, 42 U.S.C. § 9609.
2
15. Pursuant to Section 109 of CERCLA, 42 U.S.C. § 9609, and 40 C.F.R. Part 19,
EPA may assess a penalty not to exceed $37,500 for each violation of Section 103(a) of
CERCLA, 42 U.S.C. § 9603(a), that occurred after January 12, 2009. Each day a violation of
Section 103 continues constitutes a separate violation. Civil penalties under Section 109 of
CERCLA, 42 U.S.C. § 9609, may be assessed by Administrative Order.
Violations of Section 304(a) of EPCRA
16. Section 304(a) of EPCRA, 42 U.S.C. § 11004(a) and the regulations found at
40 C.F.R. § 355, Subpart C, require the owner or operator of a facility at which hazardous
chemicals are produced, used or stored, to immediately notify the State Emergency Response
Commission (SERC) and Local Emergency Planning Committee (LEPC) when there has been a
release of a CERCLA hazardous substance or an EPCRA extremely hazardous substance in an
amount equal to or greater than the RQ.
17. Respondent was the owner or operator of the facility during the relevant period,
described below.
18. At all times relevant to this matter, the facility produced, used, or stored a
"hazardous chemical" as defined under Section 311(e) of EPCRA, 42 U.S.C. § 11021(e) and
under 29 C.F.R. § 1910.1200(c).
19. Chlorine is an "extremely hazardous substance" as that term is defined by Section
329(3) of EPCRA, 42 U.S.C. § 11049(3), with an RQ of 10 pounds, as specified in 40 C.F.R.
Part 355, Apps. A and B.
20. On June 13, 2010, Respondent had a release of chlorine above the RQ at the
facility.
21. Respondent violated the notification requirements of Section 304(a) of EPCRA,
42 U.S.C. § 11004(a) by failing to immediately notify the SERC and LEPC as soon as
Respondent had knowledge of the release of chlorine in an amount equal to or greater than the
RQ at Respondent's facility, and is therefore subject to the assessment of penalties under Section
325 of EPCRA, 42 U.S.C. § 11045.
Violations of Section 304(c) of EPCRA
22. Section 304(c) of EPCRA, 42 U.S.C. § 11004(c) and the regulations found at
40 C.F.R. § 355, Subpart C, require the owner or operator of a facility at which hazardous
chemicals are produced, used or stored, to provide a written follow-up emergency notice to the
SERC and LEPC when there has been a release of a CERCLA hazardous substance or an
EPCRA extremely hazardous substance in an amount equal to or greater than the reportable
quantity.
23. Respondent was the owner or operator of the facility during the relevant period,
described below.
3
24. At all times relevant to this matter, the facility produced, used, or stored •
"hazardous chemicals" as defined under Section 311(e) of EPCRA, 42 U.S.C. § 11021(e) and
under 29 C.F.R. § 1910.1200(c).
25. Chlorine is an "extremely hazardous substance" as that term is defined by Section
329(3) of EPCRA, 42 U.S.C. § 11049(3), with an RQ of 10 pounds, as specified in 40 C.F.R.
Part 355, Apps. A and B.
26. On June 13, 2010, Respondent had a release of chlorine above the RQ at the
facility.
27. Respondent violated the notification requirements of Section 304(c) of EPCRA,
42 U.S.C. § 11004(c), by failing to provide a written follow-up emergency notice to the SERC
and the LEPC when there had been a release of chlorine in an amount equal to or greater than the
RQ at Respondent's facility, and is therefore subject to the assessment of penalties under Section
325 of EPCRA, 42 U.S.C. § 11045. ,
28. Pursuant to Section 325(b) of EPCRA, 42 U.S.C. § 11045(b), and 40 C.F.R.
Part 19, EPA may assess a penalty of not more than $37,500 for each violation of Section 304(a)
and (c) of EPCRA, 42 U.S.C. § 11004(a) that occurred after January 12, 2009. Civil penalties
under Section 325(b) of EPCRA, 42 U.S.C. § 11045(b), may be assessed by Administrative
Order.
IV. Consent A�reement
29. For the purposes of this CAFO, Respondent admits the jurisdictional allegations
set out above but neither admits nor denies the factual allegations set out above.
30. Respondent waives any right to contest the allegations and its right to appeal the
proposed final order accompanying the Consent Agreement.
31. Respondent consents to the assessment of and agrees to pay the civil penalty as
set forth in this CAFO.
32. Respondent certifies that as of the date of its execution of this CAFO, it is in
compliance with all relevant requirements of CERCLA and EPCRA.
33. Compliance with the CAFO shall resolve the allegations of violations contained
herein. This CAFO shall not otherwise affect any liability of Respondent to the United States
other than as expressed herein. Neither EPA nor Complainant waives any right to bring an
enforcement action against Respondent for violation of any federal or state statute, regulation or
permit, to initiate an action for imminent and substantial endangerment, or to pursue criminal
enforcement.
4
34. Complainant and Respondent agree to settle this matter by their execution of this
CAFO. The parties agree that the settlement of this matter is in the public interest and that this
CAFO is consistent with the applicable requirements of CERCLA and EPCRA.
V. FinalOrder
35. Respondent shall pay a civil penalty of SEVENTEEN THOUSAND THREE
HLJNDRED DOLLARS ($17,300) for the CERCLA violation which shall be paid within thirty
(30) days of the effective date of this CAFO.
36. Respondent shall pay the CERCLA civil penalty by forwarding a cashier's or
certified check, payable to "EPA Hazardous Substance Superfund" to one of the following
addresses:
BY MAIL BY OVERNIGHT
U.S. Environmental Protection Agency U.S. Bank
Superfund Payments Attention: Natalie Pearson (314) 418-4087
Cincinnati Finance Center 1005 Convention Plaza
P.O. Box 979076 Mail Station SL-MO-C2GL
St. Louis, Missouri 63197-9000 St. Louis, Missouri 63101
The check shall reference on its face the name and the Docket Number of the CAFO.
37. Respondent shall pay a civil penalty of THIRTY FOUR THOUSAND FIVE
HLTNDRED DOLLARS ($34,500) for the EPCRA violations which shall be paid within thirty
(30) days of the effective date of this CAFO.
38. Respondent shall pay the EPCRA penalty by forwarding a cashier's or certified
check payable to "Treasurer, United States of America," to one of the following addresses:
BY MAIL BY OVERNIGHT
U.S. Environmental Protection Agency U.S. Bank
Fines and Penalties Attention: Natalie Pearson (314) 418-4087
Cincinnati Finance Center 1005 Convention Plaza
P.O. Box 979077 Mail Station SL-MO-C2GL
St. Louis, Missouri 63197-9000 St. Louis, Missouri 63101
The check shall reference on its face the name and the Docket Number of the CAFO.
39. At the time of payment, Respondent shall send a separate copy of each check, and
a written statement that payment has been made in accordance with this CAFO, to the following
persons at the following addresses:
5
Regional Hearing Clerk
U.S. EPA, Region 4
61 Forsyth Street, S.W.
Atlanta, Georgia 30303
Lawrence Fincher
U.S.EPA, Region 4
Air, Pesticides & Toxics Management Division
61 Forsyth Street, S.W.
Atlanta, Georgia 30303
Saundi Wilson
U.S. EPA, Region 4
Office of Environmental Accountability
61 Forsyth Street, S.W.
Atlanta, Georgia 30303
40. For the purposes of state and federal income taxes, Respondent shall not be
entitled, and agrees not to attempt, to claim a deduction for any civil penalty payment made
pursuant to this CAFO. Any attempt by Respondent to deduct any such payments sha11
constitute a violation of this CAFO.
41. Pursuant to 31 U.S.C. § 3717, EPA is entitled to assess interest and penalties on
debts owed to the United States and a charge to cover the cost of processing and handling a
delinquent claim. Interest will therefore begin to accrue on the civil penalty from the effective
date of this CAFO if the penalty is not paid by the date required. Interest will be assessed at the
rate established by the Secretary of Treasury pursuant to 31 U.S.C. § 3717. A charge will be
assessed to cover the costs of debt collection, including processing and handling costs and
attorney fees. In addition, a penalty charge will be assessed on any portion of the debt that
remains delinquent more than ninety (90) days after payment is due.
42. Complainant and Respondent shall bear their own costs and attorney fees in this
matter.
43. This CAFO shall be binding upon the Respondent, its successors and assigns.
44. The following individual is authorized to receive service for EPA in this
proceeding:
Caron B. Falconer
U.S. EPA, Region 4
Air, Pesticides & Toxic Management Division
61 Forsyth Street, S. W.
Atlanta, GA 30303
(404) 562-8451
6
45. Each undersigned representative of the parties to this CAFO certifies that he or
she is fully authorized by the party represented to enter into this CAFO and legally bind that
party to it.
VI. Effective Date
46. The effective date of this CAFO shall be the date on which the CAFO is filed with
the Regional Hearing Clerk.
AGREED AND CONSENTED TO:
Augusta Utilities
,
B c���,, �—�- Date: `��� i I
Name: David S Conenhaver (Typed or Printed)
Title: Mayor (Typed or Printed)
U.S. Environmental Protection Agency
1
BY� Date: j �
Beverly H. Baniste , Director
Air, Pesticides & Toxics
Management Division
Region 4
APPROVED AND SO ORDERED this _��day of B,rc� , 2011.
usan B. Schub
Regional Judicial Officer
7
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a true and correct copy of the foregoing
Consent Agreement and Final Order, in the Matter of Augusta Utilities, Docket No.
EPCRA-04-2011-2029(b), on the parties listed below in the manner indicated:
Caron B. Falconer (Via EPA's internal mail)
U.S. EPA, Region 4
Air, Pesticides & Toxics Management Division
61 Forsyth Street
Atlanta, GA 30303
Marlene Tucker (Via EPA's internal mail)
U.S. EPA, Region 4
Office of Environmental Accountability
61 Forsyth Street
Atlanta, GA 30303 '
Tom Wiedmeier (Via Certified Mail - Return
Director — Augusta Utilities Receipt Requested)
60 Bay Street, Suite 180
Augusta, GA 30901
Date: � � � � �
Patricia A. Bullock, Regional Hearing Cler -
United States Environmental
Protection Agency, Region 4
Atlanta Federal Center
61 Forsyth Street, S.W.
Atlanta, GA 30303
(404) 562-9511
8
NOTICE OF SECURITIES AND EXCHANGE COMMISSION REGISTRANTS' DU'CY TO DISCLOSE
ENVIRONMENTAL LECAL PROCEEDINGS
Securities and Exchange Commission regulations require companies registered with the SEC (e.g.,
publicly traded companies) to disclose, on at least a quarterly basis, the existence of certain administrative or
judicial proceedings taken against them arising under Federal, State or local provisions that have the primary
purpose of protecting the environment. Instruction 5 to Item 103 of the SEC's Regulation S-K (17 CFR
229.103) requires disclosure of these environmental legal proceedings. For those SEC registrants that use
the SEC's "small business issuer" reporting system, Instructions 1-4 to Item 103 of the SEC's Regulation S-
B(17 CFR 228.103) requires disclosure of these environmental legal proceedings.
If you are an SEC registrant, you have a duty to disclose the existence of pending or known to be
contemplated environmental legal proceedings that meet any of the following criteria (17 CFR
229.103(5)(A)-(C)):
A. Such proceeding is material to the business or financial condition of the registrant;
B. Such proceeding involves primarily a claim for damages, or involves potential monetary
sanctions, capital expenditures, deferred charges or charges to income and the amount
involved, exclusive of interest and costs, exceeds 10 percent of the current assets of the
registrant and its subsidiaries on a consolidated basis; or
C. A governmental authority is a party to such proceeding and such proceeding involves
potenrial monetary sanctions, unless the registrant reasonably believes that such proceeding
will result in no monetary sanctions, or in monetary sanctions, exclusive of interest and
costs, of less than $100,000; provided, however, that such proceedings which are similar in
nature may be grouped and described generically.
Specific inforniation regarding the environmental legal proceedings that must be disclosed is set forth in
[tem 103 of Regulation S-K or, for registrants using the "small business issuer" reporting system, Item
103(a)-(b) of Regulation S-B. If disclosure is required, it must briefly describe the proceeding, "including the
name of the court or agency in which the proceedings aze pending, the date instituted, the principal parties
thereto, a description of the factual basis alleged to underlie the proceedings and the relief sought."
You have been identified as a party to an environmental legal proceeding to which the United States
government is, or was, a party. If you are an SEC registrant, this environmental legal proceeding may
trigger, or may akeady have triggered, the disclosure obligation under the SEC regulations described above.
This notice is being provided to inform you of SEC registrants' duty to disclose any relevant
environmental legal. proceedings to the SEC. This notice does not create, modify or interpret any existing
legal obligations, it is not intended to be an exhaustive description of the legally applicable requirements and
it is not a substitute for regulations published in the Code of Federal Regularions. T'his notice has been
issued to you for information purposes only. No determination of the applicability of this reporting
requirement to your company has been made by any governmental entity. You should seek competent
counsel in determining the applicability of these and other SEC requirements to the environmental legal
proceeding at issue, as well as any. other proceedings lrnown to be contemplated by governmental
authorities.
If you have any questions about the SEC's environmental disclosure requirements, please contact the
Office of Chief Counsel in the SEC's Division of Corporation Finance. The phone number is (202) 942-
2900.
AUGUSTA-RICHMOND COUNTY COMMISSION
306191
' ,- ;' � .p. ' E . 1 �S g . , .
� 72330 51,800.00 0.00 51,800.00
Consent and Final Order
EPCRA-04-2010/2011-2029(b)
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
306191 02/18/11 51,800.00 0.00 51,800.00
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_� ��� UTILITIES DEPARTMENT
C E' q R C I A Tom D. Wiedmeier, P.E.
Director
February 21, 2011
U. S. EPA, Region 4
Air, Pesticides and To�ucs Management Division
61 Forsythe Street, S.W.
Atlanta, Georgia 30303
Attn: Lawrence Fincher
Re: Consent Agreement and Final Order
EPCRA-04-2011-2029(b)
Dear Mr. Fincher:
Please find enclosed referenced consent agreement between the U.S.EPA, Region 4-Air, Pesticides and
To�ucs Management Division and the City of Augusta. Also enclosed, is a copy of a check in the amount
of $51,800.00 as outlined under V. Final Order. sections 35 and 37.
This agreement has been executed on behalf of Augusta.. We have retained a fully executed copy for our
records.
If you have any questions, please contact me.
Sincerely,
1 �
.
a'+^� 17. �Il.l
Tom D. Wiedmeier, P.E.
Director
TDW/arm
Enclosures
Augusta Utilities Department
360 Bay Street, Suite 180 - Augusta, GA 30901
(706) 312-4154 — Fax (706) 312-4122
W W W.AUGUSTAGA. GOV
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Frederidc L R�ssell, Ildmmistrator Rouen 841-Mnnidpal Btpldiag
53Q Greene Stirret- AUGUSTA, GA. 30901
Tamcicz Alien, lnte�m DePuty Mmuiistrator (70� 821-2400 - FAX (706) 821-2819
www�ngustaga.gov
Febtuary 15, 2021
Mr. Tom VUiedmeier
Utilkies Director
360 Bay Street
Augusta, GA 30901
DeatTom:
Th�e Augusta-Richmond Cou�ty Commkslon, at thei► rcgular meeting field on Tuesday, Fe6ruaty 15, 2D31 took actlw� on the
followtng items.
•• iL Approaed Ghange Order to the existing co tr�ction� contraR in the amo�M aF $377,564.50 to Blair .. . ...
Consbuctyon tor atldltlonai work and tc compietie foK�rdon Efsenhowrer Hosyital Area t,ravkyr Sewer System. •
ZAPP�d bY �ring Serviccs CommltOee Fe ruaty 7, 2013) �
• 12. Approv�d thange ortier to the ezfsting_deslgn d_ in the amarrrit of `$27,S37AU to lohnw�, laschober &
Associates, P.t. pLA) 4or additional design ,: rk ba relocate ffie proposed '€levated Tank. (Approved by
Engineering S�vices C�mri�itbee �ebruary 7, 20i1 �
13. Approved subJect Change Urder Number Three and-proposal from St�er�son & Palmer E .
nglnee►ing; Inc. in the
amourt of 597,630 for inspe�don servlces and CAD services for Augusta Udilties part�erK. �APP�� bY
Engineering 5ervices Gommitfee Fe6ruery 7, 2011 ���
_c���
16. � Appro�red CanserK Agreement a�tt! final Order IkS.E.P.A. M the amount of $51,800.00 and a review af the safety
mamul tn 10 days. (Approved by £ngineering Se Commtttee February 7, ?011)
17- �►PPrnved fundfng in the amouni of $55,885.00 r� pur�ase of additional wetland mitigation cnedits ta offset
wetiand areas dlsturbed durin8 the FoK Gord n Forcema(n Satdia,ry 5ewer Connection project. (Approved by
Englr�erfng Servica Committee February 7, 2012)
If you have any questions, please corrtact me.
Your uh/,
ANen '
I nterlm Deputy Rdministratar
0�-7S-il. itll, Al2, it13, �16, #i7
cc: Ms. Dortna UV'diiams
Ms. Geri Sams
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