HomeMy WebLinkAbout1995-028 Mutual Agrmt - WWTP February 16, 1995
Barbara Christensen, City Recorder
Steven Hall, Public Works Director
Mutual Agreement and Order
Allached is the original document (WQMW-WR-94-325) for the Ashland Wastewater Treatment Plant project for
your files.
Enc:
Brian Almquist, City Administrator
Rob Winthrop, Council Liaison
Dennis Bamts, Water Quality Superintendent
Dick Marshall, Wastewater Plant Supervisor
MAO No. WQMW-WR-94-325
(c:\strcet\emaniii3.mcm)
1 BEFORE THE ENVIRONMENTAL QUALITY COMMISSION
2 OF THE STATE OF OREGON
3 IN THE MATTER OF: ) MUTUAL AGREEMENT
City of Ashland, ) AND ORDER
4 ) No. WQMW-WR-94-325
Permittee, ) JACKSON COUNTY
5 )
6 WHEREAS:
7 1. On March 6, 1992,the Department of Environmental Quality (Department or
8 DEQ) issued National Pollutant Discharge Elimination System (NPDES) Permit Number
9 100862 (Permi0 to City of Ashland (Permittee). The Permit authorizes the Permittee to
10 construct, install, modify or operate a wastewater collection, treatment, control and disposal
11 system and discharge to public waters adequately treated wastewaters only from the
12 authorized discharge point or points established in Schedule A and only in conformance with
13 the requirements, limitations and conditions set forth in the Permit. The expiration date on
14 the permit is December 31, 1994. The Permittee has made a timely application for renewal
15 of the Permit. Pursuant to OAR 340-45-040, the Permit shall not be deemed to expire until
16 final action has been taken on the renewal application to issue or deny the permit.
17 2. Prior to the issuance of the Permit, the Environmental Quality Commission
18 (Commission) promulgated OAR 340-41-385 which set water quality standards within the
19 Bear Creek subbasin and set a deadline of December 31, 1994 to meet these standards.
20 These standards included Total Maximum Daily Load (TMDL) waste load allocations. By
21 letter dated October 11, 1991, Permittee requested the extension of this date to December 31,
22 1995. DEQ did not grant this extension.
23 3. Paragraph 2.a of Schedule C of the Permit requires that by no later than
24 September 1, 1992, the Permittee shall submit to the Department a f'mal facilities plan report
25 (FPR) for providing upgraded and expanded wastewater treatment facilities as needed to meet
26 TMDL allocations, to comply with Oregon's water quality standard-for chlorine residual and
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MUTUAL AGREEMENT AND ORDER (CASE NO. WQMW-WR-94-325)
(ENF-PER.MAO 8-29-94)
i ammonia-nitrogen, and to comply with state and federal sewage sludge management
2 requirements.
3 4. Stipulation and Final Order No. WQ-SWR-91-202 (SFO) was issued by the
4 Commission to Permittee on February 7, 1992.
5 5. Paragraph 10A of the SFO requires that by September 1, 1992, the Permittee
6 shall submit a complete facilities plan report for providing upgraded and expanded
7 wastewater control as needed to:
8 (a) meet the TMDL for Bear Creek
9 (b) assure that any toxic impact of the Permittee's discharge of chlorine residual
10 or any other toxic substance complies with OAR 340-41-965(2)(p) for toxic substances and
11 OAR 340-41-965(4) for mixing zones; and,
12 (c) comply with state and federal sewage sludge management requirements.
13 6. On September 10, 1992, at the request of the Permittee, the Department issued
14 SFO addendum I which extended the compliance date to January 1, 1993. This extension
15 was granted to allow the Permittee time to completely evaluate the alternative of abandoning
16 the present treatment plant and connecting to the Medford wastewater treatment plant through
17 Bear Creek Sanitary Authority transmission facilities.
18 7. On December 29, 1992, again at the request of the Permittee, the Department
19 issued SFO addendum 2 which extended the compliance date to July 1, 1993. This extension
20 was granted to allow the Permittee time to completely evaluate the alternative of using a
21 constructed wetland to produce an effluent that could be delivered to the Talent Irrigation
22 District (TID) in exchange for leaving flows in Bear Creek which during summer months
23 would otherwise be diverted to the TID canal.
24 8. On June 11, 1993, again at the request of the Permittee, Fred Hansen, the
25 Director of the Department of Environmental Quality (Director) at that time, issued a letter
26 which extended the compliance date to July 30, 1993.
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MUTUAL AGREEMENT AND ORDER (CASE NO. WQMW-WR-94-325)
(ENF-PER. MAO 8-29-94)
1 9. On August 31, 1993, the Director sent Permittee a letter which stated "I do not
2 intend to enforce the July 31, 1993 date for submittal of a facilities plan. I do expect to
3 renegotiate the compliance schedule in the SFO at some time in the future, however."
4 10. Because of Permittee's lack of a facilities plan and a constructed facility,
5 Permittee is currently unable to comply with the Permit limitation for chlorine residual.
6 11. Also because of Permittee's lack of a facilities plan and a constructed facility,
7 Permittee will be unable to comply with the TMDL discharge limitations referred to in
8 Paragraph 2 by the December 31, 1994 deadline.
9 12. The Department and Permittee recognize that until Permittee completes the
10 actions required by this Mutual Agreement and Order (MAO), Permittee will violate the
11 Permit and Oregon law. Therefore, pursuant to ORS 183.415(5), the Department and
12 Permittee wish to settle those past violations referred to in Paragraphs 3 through 10 and to
13 limit and resolve the future violation referred to in Paragraph 11 in advance by this MAO.
14 13. This MAO is not intended to limit, in any way, the Department's right to
15 proceed against Permittee in any foram for any past or future violations not expressly settled
16 herein.
17 NOW THEREFORE, it is stipulated and agreed that:
18 14. The Environmental Quality Commission shall issue a final order which will
19 replace SFO WQ-SWR-91-202 and all addendums:
20 A. Requiring Permittee to comply with the following schedule:
21 (1) By August 1, 1995, the Permittee shall select a preferred option
22 for modifying the wastewater treatment facilities.
23 (2) By October 1, 1995, based on the selected option, the Permittee
24 shall submit for Department approval a complete facilities plan which will:
25 (a) meet the TMDL for Bear Creek;
26 (b) assure that any toxic impact of the Permittee's discharge of chlorine
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MUTUAL AGREEMENT AND ORDER (CASE NO. WQMW-WR-94-325)
(ENF-PER.MAO 8-29-94)
1 residual or any other toxic substances complies with OAR 340-41-965(2)(p) for toxic
2 substances and OAR 340-41-965(4) for mixing zones and;
3 (c) contain a proposed schedule for completing facilities modifications
4 and/or upgrades.
5 B. Requiring Permittee to, upon Department approval, commence with the
6 agreed upon plan referred to in Paragraph 14(A)(2) above and complete construction of the
7 facilities in compliance with the agreed upon schedule referred to in Paragraph 14(A)(2)(c)
8 above.
9 C. Requiring Permittee to meet the following interim waste discharge
10 lintitations for daily median chlorine residual concentration until Permittee completes
11 construction of the facilities required by this MAO:
12 The chlorine residual concentration shall not exceed a daily median of 0.5 rag/1.
13 D. Requiting Permittee, upon receipt of a written notice from the Department
14 for any violations of this MAO, to pay a civil penalty of $100 for each day of each violation
15 of Paragraph 14.C. and $250 for each day of each violation of the schedule of compliance set
16 forth in Paragraph 14.A. and 14.B.
17 15. If any event occurs that is beyond Permittee's reasonable control and that causes
18 or may cause a delay or deviation in performance of the requirements of this MAO,
19 Permittee shall immediately notify the Department verbally of the cause of delay or deviation
20 and its anticipated duration, the measures that have been or will be taken to prevent or
21 m'mimize the delay or deviation, and the timetable by which Permittee proposes to carry out
22 such measures. Permittee shall confwm in writing this information within five (5) working
23 days of the onset of the event. It is Permittee's responsibility in the written notification to
24 demonstrate to the Department's satisfaction that the delay or deviation has been or will be
25 caused by circumstances beyond the control and despite due diligence of Permittee. If
26 Permittee so demonstrates, the Department shall extend times of performance of related
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MUTUAL AGREEMENT AND ORDER (CASE NO. WQMW-WR-94-325)
(ENF-PER.MAO 8-29-94)
1 activities under this MAO as appropriate. Circumstances or events beyond Permittee's
2 control include, but are not limited to acts of nature, strikes, work stoppages or other labor
3 difficulties experienced by the contractor, shortage or failure of supply of materials, labor,
4 fuel, power, equipment, supplies or transportation to the contractor, fires or other casualty,
5 explosion, riot, sabotage,. or war. Increased cost of performance or consultant's failure to
6 provide timely reports may not be considered circumstances beyond Permittee's control.
7 16. Regarding the violations set forth in Paragraphs 3 through 11 above, which are
8 expressly settled herein without penalty, Permittee and the Department hereby waive any and
9 all of their rights to any and all notices, hearing, judicial review, and to service of a copy of
10 the final MAO herein. The Department reserves the right to enforce this MAO through
11 appropriate administrative and judicial proceedings.
12 17. The terms of this MAO may be amended by the mutual agreement of the
13 Department and Permittee.
14 18. This MAO shall be binding on the parties and their respective successors,
15 agents, and assigns. The undersigned representative of each party certifies that he or she is
16 fully authorized to execute and bind such party to this MAO. No change in ownership or
17 corporate or partnership status relating to the facility shall in any way alter Permittee's
18 obligations under this MAO, unless otherwise approved in writing by DEQ.
19 19. All reports, notices and other communications required under or relating to this
20 MAO should be directed to Mr. Jonathan Gasik, DEQ Medford Office, 201 W. Main Street,
21 Medford, Oregon 97501; phone number (503) 776-6010 x230. The contact person for
22 Permittee shall be Mr. Steven M. Hall, Public Works Director, City Hall, Ashland, Oregon
23 97520.
24 20. Permittee acknowledges that it has actual notice of the contents and requirements
25 of the MAO and that failure to fulfill any of the requirements hereof would constitute a
26 violation of this MAO and subject Permittee to payment of civil penalties pursuant to
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MUTUAL AGREEMENT AND ORDER (CASE NO. WQMW-WR-94-325)
(ENF-PER.MAO 8-29-94)
1 Paragraph 14.D. above.
2 21. Any stipulated civil penalty imposed pursuant to Paragraph 14.D. shall be due
3 upon written demand. Stipulated civil penalties shall be paid by check or money order made
4 payable to the "Oregon State Treasurer" and sent to: Business Office, Department of
5 Environmental Quality, 811 S.W. Sixth Avenue, Portland, Oregon 97204. Within 21 days
6 of receipt of a "Demand for Payment of Stipulated Civil Penalty" Notice from the
7 Department, Permittee may request a hearing to contest the Demand Notice. If Permittee
8 contests the Demand Notice, the stipulated civil penalties shall not be due until a Final Order
9 is issued. At any such hearing, the issue shall be limited to Permittee's compliance or non-
10 compliance with this MAO. The amount of each stipulated civil penalty for each violation
11 and/or day of violation is established in advance by this MAO and shall not be a contestable
12 issue.
13 22. Providing Permittee has paid in full all stipulated civil penalties pursuant to
14 Paragraph 21 above, this MAO shall terminate 60 days after Permittee demonstrates full
15 compliance with the requirements of the schedule set forth in Paragraph 14.A and 14.B.
16 above.
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MUTUAL AGREEMENT AND ORDER (CASE NO. WQMW-WR-94-325)
(ENF-PER.MAO 8-29-94)
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Date
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IT IS SO ORDERED:
Date
PAGE 7-
CITY OF ASHLAND
Steven M. Hall, P.E.
Public Works Director, City of Ashland
DEPARTMENT OF ENVIRONMENTAL QUALITY
aylor, Acting Directfir
FINAL ORDER
ENVIRONMENTAL QUALITY COMMISSION
Lyd'~ia ayl~ng Direc~r ~
Department of Environmental Quality
Pursuant to OAR 340-11-136(1)
MUTUAL AGREEMENT AND ORDER (CASE NO. WQMW-WR-94-325)
(ENF-PER.MAO 8-29-94)