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HomeMy Public PortalAbout090_012_WQ- City of Tybee Island CO- February revision (3) ENVIRONMENTAL PROTECTION DIVISON DEPARTMENT OF NATURAL RESOURCES STATE OF GEORGIA CONSENT ORDER RE: City of Tybee Island ORDER NO. EPD-WQ- NPDES Permit GA0020061 Chatham County DEFINITIONS APPLICABLE TO THE RESPONDENT WHEREAS, the City of Tybee Island (hereinafter "Respondent") owns and operates a Publicly Owned Treatment Works (hereinafter "POTW") located in Chatham County, Georgia; and AUTHORITY WHEREAS, under the "Georgia Water Quality Control Act of 1964" as amended O.C.G.A. § 12-5-20 et seq. (hereinafter "Act"), the General Assembly of Georgia designated the Director of the Georgia Department of Natural Resources, Environmental Protection Division, (hereinafter "Director" and "Division") to administer the provisions of the Act; and WHEREAS, the Rules for Water Quality Control, Chapter 391-3-6, as amended, (hereinafter "Rules") required under O.C.G.A. § 12-5-23 of the Act, were established and became effective; and WHEREAS, O.C.G.A. § 12-5-23 of the Act, assigns the Director the authority to issue permits stipulating in each permit the conditions or limitations under which such permit was issued and the authority to issue orders as may be necessary to enforce compliance with the provisions of the Act and all rules and regulations promulgated there under; and City of Tybee Island Page 1 WHEREAS, on June 14, 2011 the Respondent was issued National Pollutant Discharge Elimination System (NPDES) Permit Number GA0020061 (hereinafter "Permit") by the Director of the Division for the City of Tybee Island Water Pollution Control Plant located in the Savannah River Basin; and WHEREAS, Chapter 391-3-6-.05(2)(b) of the Rules defines a "major spill", in part, as any discharge of raw sewage that is in excess of 10,000 gallons or results in water quality violations in the waters of the State; and WHEREAS, Georgia Rule 391-3-6-.05(3)(a) requires the owner of a POTW to immediately notify the Division, in person or by telephone, when a spill or a major spill occurs in the system; and HISTORY WHEREAS, the following major spills (hereinafter "Spills") occurred in the Respondent's system: Date of Spill Estimated Waterway Reported Cause Spill Location Quantity of Impacted Spill (gallons) Jones Marsh and Horse 6/30/2013 Avenue 90,677 Pen Creek Force main pipe break Jones Marsh and Horse 7/13/2013 Avenue 73,545 Pen Creek Force main pipe break WHEREAS, on July 1, 2013 the Respondent notified the health department of the June 30, 2013 spill; and WHEREAS, on July 2, 2013 the Respondent posted signs at all public access points after the June 30, 2013 spill to notify citizens who may come into contact with the affected water; and City of Tybee Island Page 2 WHEREAS, on July 2, 2013 the Respondent notified the Division of the June 30, 2013 spill by leaving a message on the Division's telephone message system; and WHEREAS, on July 2, 2013 the Respondent notified the local media of the June 30, 2013 spill; and WHEREAS, on July 2, 8 and 10, 2013, the Respondent notified the largest legal organ of the County where the spill occurred (Savannah Morning News) of the June 30, 2013 spill. The notice was published in the Savannah Morning News on July 11, 2013; and WHEREAS, on July 13, 2013 the Respondent notified the Division of the July 13, 2013 spill via email; and WHEREAS, on July 13, 2013 the Respondent posted signs at all public access points to notify citizens who may come into contact with the affected water; and WHEREAS, on July 15, 2013 the Respondent notified the local media of the July 13, 2013 spill; and WHEREAS, on July 13, 2013 the Respondent notified the health department of the July 13, 2013 spill; and WHEREAS, on July 15, 2013 the Respondent published a notice of the July 13, 2013 spill in the largest legal organ of the County where the spill occurred; and WHEREAS, on July 16, 2013 the Division received the Respondent's June 2013 Discharge Monitoring Report for the Facility which indicated violations of effluent limitations for flow, ammonia and enterococci; and City of Tybee Island Page 3 WHEREAS, on July 18, 2013, the Division sent a Notice of Violation letter to the Respondent to notify the Respondent that the Spills are violations of the Permit, Act and Rules and to request a meeting; and WHEREAS, on July 19, 2013 the Division met with the Respondent to discuss the cause of the Spills and the corrective actions taken to mitigate or reduce the adverse effects of the Spills; and WHEREAS, on August 16, 2013 the Division received the Respondent's July 2013 Discharge Monitoring Report for the Facility which indicated a violation of effluent limitations for flow; and WHEREAS, on September 26, 2013, the Respondent sent a copy to the Division of its Sewage Spill Standard Operating Procedures (hereinafter "Sewage Spill SOP") for responding to spills; and WHEREAS, on October 22, 2013, the Respondent submitted a written Corrective Action Plan (hereinafter "CAP") to the Division identifying actions to be taken by the Respondent to prevent sewage spills in the future; and WHEREAS, on November 14, 2013 the Respondent submitted written notification to the Division for the July 2013 effluent violations for enterococci and ammonia; and WHEREAS, on January 8, 2014, the Division met with the Respondent to discuss the corrective actions taken and to be taken regarding the Spills; and WHEREAS, on February 5, 2014, the Respondent submitted a revised CAP to the Division that included a summary of work completed to date and a schedule for completing additional improvements to the sewerage system; and City of Tybee Island Page 4 Alleged Violations WHEREAS, the Spills and Permit effluent violations in July and August 2013 violated § O.C.G.A. 12-5-29(a) which requires conformance with the Act, the Rules, and the Permit; and WHEREAS, the Respondent exceeded discharge limitations specified in the Permit for flow, Ammonia, and Enterococcus in July 2013 and for flow in August 2013 in violation of Part I.B. of the Permit and Section 391-3-6-.06(4)(a) of the Rules; and WHEREAS, the Respondent did not provide oral and written report of the July 2013 and August 2013 effluent noncompliance in violation of Rule 391-3-6-.05(4) and Part II.A.3. of the Permit; and WHEREAS, on July 2, 2013 and July 13, 2013, the Respondent notified the Division of the Spills via the Division's telephone message system and via email, respectively, but did not immediately notify the Division, in person or by telephone, of the Spills in violation of Rule 391-3-6-.05(3)(a) and Part I I.A.11.a. of the Permit; and WHEREAS, on July 2, 2013, the Respondent posted signs at all public access points to notify citizens who may come into contact with the affected water after the June 30, 2013 spill but did not immediately post signs at public access points in violation of Rule 391-3-6-.05(3)(g) and Part II.A.11 .c. of the Permit; and WHEREAS, on July 1, 2013, the Respondent notified the health department of the June 30, 2013 spill but did not immediately notify the health department of the spill in violation of Rule 391-3-6-.05(3)(f) and Part II.A.11.b. of the Permit; and WHEREAS, on July 2, 2013 and July 15, 2013, the Respondent notified the local media of the Spills but did not notify the local media within 24 hours of becoming aware City of Tybee Island Page 5 of the of the Spills in violation of Rule 391-3-6-.05(3)(e) and Part I I.A.11.d. of the Permit; and Civil Penalties WHEREAS, Section 12-5-52(a) of the Act states that any person violating any provision of 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 violation continues; and Conditions WHEREAS, the Director has determined that it is in the public interest to resolve all allegations raised above by entering into this Order without the necessity of litigation and adjudication of the issues; and NOW THEREFORE, by agreement of the parties, before the taking of any testimony and without adjudicating the merits of the parties' positions in this matter, in order to resolve the violations alleged herein, the Director hereby ORDERS and Respondent CONSENTS to the following: 1. Within 10 days of the execution date of the Order, the Respondent agrees to pay to the Georgia Department of Natural Resources the amount of five thousand ($5,000.00) dollars in compromise and settlement of the identified violations arising from the allegations referenced above. Payment in the form of certified check or money order to the Georgia Department of Natural Resources shall be delivered to the Department at 400 Commerce Center Drive, Brunswick, GA 31523. City of Tybee Island Page 6 2. Within 30 days of the execution of this Order, the Respondent shall submit to the Division for review and approval a revised Sewage Spill SOP to ensure compliance with Rule 391-3-6-.05 and Part II.A.11 of the Permit. The revised Sewage Spill SOP shall include, but not be limited to, spill response personnel structure; overflow response procedures; notification and reporting procedures (including after-hours, weekends, and holidays); name and telephone numbers for state and local agencies, local health department, local media, and the legal organ of the County; provisions for posting signs; maps identifying points of public access; and employee training. Should the initial submittal of the Sewage Spill SOP not be approved by the Division, the Respondent shall have 30 days to submit an approvable Sewage Spill SOP once notified in writing by the Division that the original Sewage Spill SOP has not been approved. The Respondent shall implement the approved Sewage Spill SOP upon receipt of the Division's approval, and within 10 days provide written confirmation that the Sewage Spill SOP has been implemented as approved. 3. Within 60 days of the execution date of this Order, the Respondent shall submit to the Division for review and approval a Routine Inspection and Maintenance Plan (Plan) of the Respondent's wastewater collection system. The details of the Plan shall include but not be limited to methods of assessment; frequency of assessment; prioritization of areas of the system to be assessed; projected annual budget for the implementation of the Plan; and how the Plan translates into repairs, replacement, or maintenance. Should the initial submittal of the Plan not be approved by the Division, the Respondent shall have 30 days to City of Tybee Island Page 7 submit an approvable Plan once notified in writing by the Division that the original Plan has not been approved. The Respondent shall implement the approved Plan upon receipt of the Division's approval, and within 10 days provide written confirmation that the Plan has been implemented as approved. 4. Within nine (9) months of the execution date of this Order, the Respondent shall replace the existing #6 Force Main (approximately 6,300 linear feet) located along Jones Avenue, Solomon Avenue and Polk Street on Tybee Island. a. 5. Immediately upon execution of this Order the Respondent shall implement procedures for ensuring that all Spills occurring after normal business hours are immediately reported to the State Operations Center at 1-800-241-4113. 6. The Respondent shall obtain approval from the Division for any engineering reports, plans and specifications related to modification of the sewerage system in accordance with Rule 391-3-6-.02. 7. The Respondent shall submit to the Division progress reports for the actions taken to complete Condition 4 of the Order. The progress reports shall be submitted to the Division with the monthly DMR until Condition 4 is satisfied. 8. Within 10 days of completion of Condition 4 of the Order, the Respondent shall submit to the Division a written certification that all actions identified in Condition 4 have been completed. 9. Within 30 days of the execution date of this Order, the Respondent shall train all personnel responsible for Permit compliance as to the Conditions in the Permit, and will provide the Division written confirmation that the training is City of Tybee Island Page 8 complete. 10. All plan(s), report(s), and schedule(s) required by the terms of this Order are, upon approval by the Division, incorporated by reference into this Order. Except as provided in the Order, any noncompliance with such approved plan(s), report(s), and/or schedule(s) shall be termed noncompliance with this Order. 11. If at any time the Division determines that any element of any approved plan or report should be modified in order to meet the requirements established by the Order, the Act, or the Rules, or any subsequent changes thereto, the Division shall provide the Respondent with written notification of such determination, specify the basis for making such determination and request modification and resubmittal of a modified plan or report in accordance with a schedule specified by the Division. If at any time the Respondent determines that any element of any approved plan or report should be modified in order to meet the requirements established by the Order, the Act, or the Rules, the Respondent shall, within 30 days of making such determination, modify and submit the plan or report to the Division. The Division may confer with the Respondent regarding the modified plan or report in person, by telephone or in writing. Modifications to the plan must receive written approval by the Division prior to implementation. This Order does not waive the Director's right to take further enforcement action against Respondent, or imply that the Director will not take such action for violations City of Tybee Island Page 9 alleged herein if Respondent fails to fully comply with the conditions of this Order. Issuance of this Order does not waive the Director's right to use the violations alleged herein, upon sufficient evidence, to show past violations in any subsequent enforcement proceeding. This Order is executed and entered solely for the purpose of resolving and disposing of the alleged violations set forth herein and does not constitute a finding, adjudication, or evidence of a violation of any law, rule, or regulation by Respondent, and, by consenting to this Order, Respondent does not admit to any factual allegation contained herein or to any violations of State laws. In addition, this Order is not intended to create and it shall not be construed or otherwise deemed to recognize or create any claim, right, liability, estoppel, or waiver of rights in favor of any third-party or parties. By agreement of the parties, this Order shall have the same force and binding effect as a Final Order of the Director, and shall become final and effective immediately upon its execution by the Director. The parties further agree that this Order shall not be appealable by Respondent, and Respondent hereby waives its right to initiate any administrative or judicial hearing on the terms and conditions of this Order. Unless modified or terminated by a subsequent order, or otherwise specified in writing by the Director, this Order shall be deemed satisfied and terminated upon full, complete, and timely performance of each and every condition set forth herein. City of Tybee Island Page 10 IT is so ORDERED, CONSENTED, and AGREED TO this day of , 2014. FOR THE CITY OF TYBE ISLAND FOR THE DIVISION: BY: Judson H. Turner, Director TITLE: DATE: City of Tybee Island Page 11