HomeMy WebLinkAbout1992-147 Addendum - DEQDecember 29, 1992
I)I;PARTMk N
F NJVII~,ONI M EiN'I A I
QUALITY
Mr. Steven M. Hall
Public Works Director
City of Ashland
City Hall
Ashland, OR 97520
Re: Addendum 2 to Stipulation and Final
Order (SFO), No. WQ-SWR-91-202
Dear Mr. Hall:
Enclosed for the City's records, please find a fully executed
Addendum.
S~ncerely,
Richard J. Santner
Municipal Projects Section
Water '~-~-. ' ' '
Qu~ DIV!SlO~
cc:
Enforcement Section, DEQ
Southwest Region, DEQ
Enforcement Section, EPA
811 5W Sixth A\mlue
l*ollland, OR 972l)4 1390
(503) 229-~q696
IDD (51)3) 229-6993
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BEFORE THE ENVIRONMENTAL QUALITY COMMISSION
OF THE STATE OF OREGON
DEPARTMENT OF ENVIRONMENTAL QUALITY,
OF THE STATE OF OREGON,
CITY OF ASHLAND,
Department,
Respondent.
ADDENDUM 2 TO STIPULATION
AND FINAL ORDER
No. WQ-SWR-91-202
JACKSON COUNTY
WHEREAS:
1. On March 6, 1992, the Department of Environmental Quality
(Department or DEQ) issued National Pollution Discharge
Elimination System (NPDES) Waste Discharge Permit Number 100862
(permit) to the City of Ashland (Respondent), pursuant to Oregon
Revised Statutes (ORS) 468.740 and the Federal Water Pollution
Control Act Amendments of 1972, P.L. 92-500. The permit
authorizes the Respondent to construct, install, modify or operate
waste water treatment control and disposal facilities (facilities)
and discharge adequately treated waste waters into Ashland Creek,
waters of the state, in conformance with the requirements,
limitations and conditions set forth in the Permit.
2. Paragraph 2.a. of Schedule C of the Permit requires that
by no later than September 1, 1992, the permittee shall submit to
the Department a final facilities plan report (FPR) for providing
upgraded and expanded wastewater treatment facilities as needed to
meet TMDL waste load allocations for attaining water quality
standards in Bear Creek, to comply with Oregon's water quality
1 - ADDENDUM 2 TO STIPULATION AND FINAL ORDER (WQ-SW!R-91-202)
(ASHLAND) (Revised 11-30-92) (MW~WC10~WC10975.5)
1 standard for chlorine residual and ammonia-nitrogen and to comply
2 with state and federal sewage sludge management requirements.
3 3. Stipulation and Final Order No. WQ-SWR-91-202 (Order) was
4 issued by the Environmental Quality Commission (Commission) to
5 Respondent on February 7, 1992. The Order was modified by
6 Addendum 1 issued by the Commission on September 9, 1992.
7 4. Paragraph 10A of the Order as modified requires that by
8 January 1, 1993, the Respondent shall submit a complete facilities
9 plan report for providing upgraded and expanded wastewater control
10 facilities as needed to
11 (a) meet the TMDL for Bear Creek;
12 (b) assure that any toxic impact of the
13 Permittee's discharge of chlorine residual or any
14 other toxic substance complies with OAR 340-41-
15 965(2) (p) for toxic substances and OAR 340-41-
16 965(4) for mixing zones; and,
17 (c) comply with state and federal sewage sludge
18 management requirements.
19 5. By form of a letter received by the Department on
20 November 3, 1992, the Respondent has requested that the schedule
21 for facilities plan report submittal be extended to July 1, 1993.
22 The extension would allow the Respondent to secure consulting
23 services and to evaluate the alternative of incorporating a
24 constructed wetland in the upgraded wastewater treatment
25 facilities. The Respondent has adopted policy objectives which
26 call for replacement in equal volume of effluent not discharged to
2 - ADDENDUM 2 TO STIPULATION AND FINAL ORDER (WQ-SWR-91-202)
(ASHLAND) (Revised 11-30-92) (MW~WC10~WC10975.5)
1 Bear Creek during the summer months with water impounded in
2 Emigrant Reservoir, and for elimination of the need for the
3 Respondent to establish and maintain an irrigation system for
4 summer disposal of effluent. The Respondent wishes to determine
5 if use of a constructed wetland would accomplish these policy
6 objectives by producing an effluent that could be delivered to the
7 Talent Irrigation District (TID) in exchange for leaving flows in
8 Bear Creek which during the summer would otherwise be diverted to
9 the TID canal.
10 6. The Department concurs that a complete evaluation of the
11 above described alternative is highly desirable and that extension
12 of the facilities plan submittal date is warranted.
13 7. The Department and Respondent recognize that an extension
14 of the schedule will result in a violation of Paragraph 2.a. of
15 Schedule C of the permit. Therefore, pursuant to ORS 183.415(5),
16 the Department and Respondent wish to limit and resolve the future
17 violation specified herein in advance by this addendum to the
18 Order.
19 NOW THEREFORE, it is stipulated and agreed that the
20 Commission shall amend the Order as follows:
21 1. Change the compliance date in Paragraph 10A(1) of the
22 Order as follows:
23 (1) By July 1, 1993, the Respondent shall submit a complete
24 facilities plan report for providing upgraded and expanded
25 wastewater control facilities as needed to
26 (a) meet the TMDL for Bear Creek;
3 - ADDENDUM 2 TO STIPULATION AND FINAL ORDER (WQ-SWR-91-202)
(ASHLAND) (Revised 11-30-92) (MW~WC10~WC10975.5)
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(b) assure that any toxic impact of the
Permittee's discharge of chlorine residual or any
other toxic substance complies with OAR 340-41-
965(2) (p) for toxic substances and OAR 340-41-
965(4) for mixing zones; and,
(c) comply with state and federal sewage sludge
management requirements.
2. Add the following subparagraph to Paragraph 10:
E. Allowing the Respondent to submit a complete facilities
plan report by July 1, 1993, as specified in Paragraph 10A(1)
of this Order, Paragraph 2.a. of Schedule C of the Permit
notwithstanding.
4 - ADDENDUM 2 TO STIPULATION AND FINAL ORDER (WQ-SWR-91-202)
(ASHLAND) (Revised 11-30-92) (MW~WC10kWC10975.5)
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RESPONDENT
Date
Date/
DEPARTMENT OF ENVIRONMENTAL QUALITY
Fr'ed Hansen, Director
FINAL ORDER
IT IS SO ORDERED:
Date
ENV~ONME~T~L[ k~QUALITY COMMISSION
Fred Hansen, Director
Department of Environmental Quality
Pursuant to OAR 340-11-136(1)
5 - ADDENDUM 2 TO STIPULATION A/qD FINAL ORDER (WQ-SWR-91-202)
(ASHLAND) (Revised 11-30-92) (MWkWC10kWC10975.5)