HomeMy WebLinkAbout2008-149 Agrmt DEQ #WQ/M-WR-008-008
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BEFORE THE ENVIRONMENTAL QUALITY COMMISSION
OF THE STATE OF OREGON
IN THE MATTER OF:
THE CITY OF ASHLAND,
Respondent.
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MUTUAL AGREEMENT
AND FINAL ORDER,
SUPPLEMENTAL
ENVIRONMENTAL PROJECT
No. WQ/M-WR-08-008
JACKSON COUNTY
7 WHEREAS:
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1.
On March 13,2008, the Department of Environmental Quality (the Department)
9 issued Notice of Assessment of Civil Penalty No. WQ/M-WR-08-008 (Notice) to the City of
10 Ashland (the City). The Notice assessed a $12,900 civil penalty against the City for violations
11 alleged in the Notice.
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2.
On May 30, 2008, the City submitted a Supplemental Environmental Project (SEP)
13 proposal to the Department.
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The parties agree to compromise and settle this contested case on the following
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16 NOW THEREFORE, it is stipulated and agreed that:
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4.
The City hereby waives any and all rights and objections the City may have to the
18 form, content, manner of service and timeliness of the Notice; to a contested case hearing and
19 judicial review of the Notice; and to service ofa copy of this Mutual Agreement and Order (MAO),
20 which shall be effective when signed by the Administrator of the Department's Office of
21 Compliance and Enforcement on behalf of the Environmental Quality Commission (Commission).
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In accordance with the Department's Internal Management Directive for SEPs, the
23 Department agrees to mitigate 80 percent of the City's $12,900 civil penalty, thereby reducing it to
24 $2,580, on the condition that the City satisfactorily completes the approved SEP proposal by
25 December 1, 2008. The $2,580 civil penalty shall be paid when the City signs and returns this
26 MAO to the Department.
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Page 1 - MUTUAL AGREEMENT AND ORDER
CASE NO. WQ/M- WR-08-008
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2 A.
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The SEP proposal is incorporated into this Mutual Agreement and Order as Exhibit
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Pursuant to OAR 340-12-030(16), the violations alleged in the Notice will be
4 treated as prior significant actions in the event a future violation occurs.
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The. City agrees not to use the value of the SEP as a tax deduction or as part of a tax
6 credit application. The City further agrees that if and when the City publicizes the SEP or the
7 results of the SEP, the City will state in a prominent manner that the project has or is being
8 undertaken as part of a settlement of a Department enforcement action.
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The City agrees to submit a final report upon completion of the SEP. The final
10 report will include an accounting of project expenditures, including receipts/documentation, and a
11 summary of outcomelbenefits derived as a result of the project.
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The Commission shall enter a final order:
a.
Finding that the Department and Commission have satisfied all the
14 requirements of law and that mitigation of the civil penalty is consistent with public health and
15 safety, and is in the public interest.
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b.
Requiring the City to satisfactorily complete the SEP by December 1, 2008.
17 Should the City fail to complete the SEP by the specified date and submit the final report within
18 two weeks of that date, the mitigated portion of the penalty, $10,320, shall become due and owing
19 on December 31, 2008.
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Imposing upon the City a civil penalty of$12,900.
Requiring the City to comply with all the terms and conditions of this MAO.
d.
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Date
Page 2 - MUTUAL AGREEMENT AND ORDER
CASE NO. WQ/M- WR-08-008
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DEPARTMENT OF ENVIRONMENTAL QUALITY
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IT IS ORDERED:
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kkfi,'~
J e K. Hickman, Administrator
Office of Compliance and Enforcement
FINAL ORDER
ENVIRONMENTAL QUALITY COMMISSION
~~(~'~
J e K. Hickman
Office of Compliance and Enforcement
Department of Environmental Quality
Pursuant to OAR 340-011-0505
and OAR 340-012-0170
P~e3-MUTUALAGREEMENTANDORDER
CASE NO. WQ/M- WR-08-008
Dregon
Theodore R. Kulongoski, Governor
Department of Environmental Quality
811 SW Sixth Avenue
D ~ @ [E 0 ~1 r~' !~rt1and, OR 97204-1390
-- -- Ili;1 503-229-5696
JUI 3 I "';"8' 1/1.11 TTY: 503-229-6993
(JU. ! I) i
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July 29, 2008
The City of Ashland
Attn: Ali Brooks
20 East Main Street
Ashland, OR 97520
Re: Mutual Agreement and Order,
Supplemental Environmental Project
In the Matter of:
The City of Ashland
Case No. WQ/M-WR-08-008
Dear Ms. Brooks:
Per your request, enclosed is an original signed copy of the Mutual Agreement and Order for
your file.
If you have any questions, please contact me at 503-229-6927.
Sincerely,
~~\~.
Sarah Greenley
Environmental Law Specialist
Office of Compliance and Enforcement
Enclosure
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