HomeMy WebLinkAbout5.563A Original ContractAugust 18, 2010
City of Port Angeles
CLALLAM COUNTY
ID# 68550M
STATE OF WASHINGTON
DEPARTMENT OF HEALTH
SOUTHWEST DRINKING WATER REGIONAL OPERA TION
PO Box 47823, Olympia, Washington 98504 -78: 3
TDD Relay 1- 800 833 -6388
To: Glenn A. Cutler, P.E.
Director of Public Works
City of Port Angeles
Port Angeles, Washington 98362
It is a pleasure to inform you that based on our records, your
water system has complied with the State Agreed Order issued on
February 7, 2007, and modified on December 2, 2009. The City of
Port Angeles Water System is now in compliance with Order No. 2007
SAG -001, and by this letter, the Department hereby terminates this
Order. Termination of this Order does not affect the status of any
other action that may be outstanding or pending against your
system.
You are encouraged to continue monitoring and complying with
all applicable requirements of the drinking water regulations. As
a reminder, the Department is authorized to take appropriate
enforcement action against your system for any future non-
compliance with applicable drinking water regulations. If you have
questions regarding compliance or any other aspects of water system
operation, please contact Jozsef Bezovics at (360) 236 -3034.
Sin erely,
Compliance Manage
Southwest Drinkin ater Operations
cc: Clallam County Health and Human Services
John Aden, ODW
Jozsef Bezovics, ODW
Clark Halvorson, ODW
ORDER TERMINATION i..,a PAGE 1 OF 10
S RECEIVED
ORDER TERMINATION
AUG 2 0 2010
CITY OF PORT ANGELES
PUBLIC WORKS
Docket No. 2007 SAG -0001
In Re:
City of Port Angeles
CLALLAM COUNTY
ID# 68550M
STATE OF WASHINGTON
DEPARTMENT OF HEALTH
SOUTHWEST DRINKING WATER REGIONAL OPERATIONS
PO Box 47823, Olympia, Washington 98504 -7823
TDD Relay 1 -800- 833 -6388
To: Glenn A. Cutler, P.E.
Director of Public Works and Utilities
City of Port Angeles
Post Office Box 1150
Port Angeles, Washington 98362
Docket No. 2007- SAG -0001
MODIFIED AGREED ORDER
State Agreed Order No. 2007 - SAG -0001, dated February 7, 2007,
is hereby modified as follows:
Under ORDER Part II, the following item is modified:
2.1 Meet Surface Water Treatment Rule requirements. In
accordance with WAC 246 - 290 -630, the purveyor shall ensure
treatment is provided for surface water and GWI sources
consistent with the treatment technique requirements specified
in Part 6 of Chapter 246 -290 WAC. By February 26, 2010, the
purveyor shall verify that treatment processes meeting 3 -log
inactivation of Giardia lamblia cysts, 4 -log inactivation of
viruses, and 2 -log removal of Cryptosporidium oocystes are fully
constructed, tested, and in operation.
MODIFIED STATE AGREED ORDER Page 1 of 3 iv.
Under PLACE TO SUBMIT DOCUMENTS AND REQUESTS, Part III, the
following is modified.
3.1 Reports. All documents or reports required by this
order to be submitted to the Department shall include the Docket
No. on page 1 and be sent to Gael Kantz, Compliance Program
Manager, at PO Box 47823, Olympia, Washington 98504 -7823.
3.2 Questions. Questions about compliance with this order
should be sent in writing to Gael Kantz, at the above address.
3:3 Requests. A request to extend a time period to
achieve compliance for good cause, or to modify the order, may
be filed with the Department by sending a written request to
Gael Kantz, at the above address within the time period
specified for compliance. Any such request will be reviewed and
a written response provided to you within fifteen (15) days of
the Department's receipt of your request.
Under SUPPLEMENTAL AND MODIFICATION, Part IV, the following is
modified as follows:
4.2 By consent. Clark Halvorson, Regional Manager, is
authorized to modify this order with your consent.
Under TECHNICAL ASSISTANCE SERVICES, Part V, the following is
modified as follows:
Technical assistance services available from the Department
may be obtained by calling Regional Engineer Jozsef Bezovics,
P.E. at (360) 236 -3034 or by writing to him at Post Office Box
47823, Olympia, Washington 98504 -7823.
MODIFIED STATE AGREED ORDER Page 2 of 3
No other condition or requirement of State Agreed Order No.
2007 - SAG -0001 is affected by this modification.
AGREED to this
Washington.
day of December 2009 at Olympia,
Clark Halvor on., Regional Manager
Washington State Department of Health
AGREED to this 5 day of December 2009 at - PoRT t ,
Washington.
Glenn A. Cutler, P.E.
Director, Public Works & Utilities
City of Port Angeles
MODIFIED STATE AGREED ORDER Page 3 of 3
5.5",SA.
STATE OF WASHINGTON
DEPARTMENT OF HEALTH
SOUTHWEST DRINKING WATER REGIONAL OPERATIONS
PO Box 47823, Olympia, Washington 98504-7823
TDD Relay 1-800-833-6388
CERTIFIED MAIL
In Re:
City of Port Angeles
CLALLAM COUNTY
Docket No. 2007-SAG-000l
ID # 68550M
STATE AGREED ORDER
To: Glenn A. Cutler, P.E.
Director of Public Works and Utilities
City of Port Angeles
321 East Fifth Street
PO Box 1150
Port Angeles, WA 98362-0217
This document constitutes a notice of correction for
purposes of chapter 43.05 RCW. This Agreed Order hereby replaces
State Agreed Order No. 2005-SAG-0002 dated July 13, 2005 and
signed by Glenn Cutler, Director of Public Works and Utilities
for the City of Port Angeles, on September 22, 2005.
I. FINDINGS
1.1 Identity of system. The City of Port Angeles, a
municipal corporation established under Title 35A RCW, owns and
operates the City of Port Angeles water system. Glenn Cutler is
the Public Works and Utilities Director for the City of Port
Angeles. William Beverford is the water system manager. The
system provides water for approximately 8,122 residential
STATE AGREED ORDER
Page 1 of 10
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,.,:,....~,{ connections and an intertie to Port Angeles Composi te Water
System, ID #432960 and is classified as a Group A community water
system as defined in WAC 246-290-020(3).
1.2 Covered by regulations. The City of Port Angeles Water
System is a "public water system" as defined in RCW
70.119A.020(4). The City of Port Angeles is a "purveyor" as
defined by WAC 246-290-010. The operation of this public water
system is governed by Chapter 246-290 WAC, the regulations of the
State Board of Health regarding public water systems.
1.3 Surface water treatment requirement. The Department of
Health (Department) classified the purveyor's primary source as
Groundwater under the Direct Influence of Surface Water (GWI)
based on the results of water quality monitoring and microscopic
particulate analysis. The purveyor was notified of the GWI
classification in correspondence dated April 25, 2000. In
accordance with WAC 246-290-620, groundwater sources categorized
as under the direct influence of surface water must meet the
surface water treatment requirements specified in Part 6 of
chapter 246-290 WAC.
1.4 Treatment Technique Violation. The purveyor shall
ensure that treatment is provided for surface and GWI sources
consistent with the treatment technique requirements specified in
WAC 246-290-630. WAC 246-290-630 requires a purveyor to install
and properly operate water treatment processes to ensure at least
99.9 percent (3-log) removal and/or inactivation of Giardia
lamblia cysts; and 99.99 percent (4-log) removal and/or
inactivation of viruses; and 99 percent (2-log) removal of
Cryptosporidium oocysts if required to filter. A purveyor that
fails to install filtration to meet these treatment requirements
STATE AGREED ORDER
Page 2 of 10
or develop an alternate source within eighteen months of
notification of the requirement incurs a treatment technique
violation each month that water is delivered to the public that
does not meet surface water treatment requirements.
1.5 Corrosion control treatment requirement. In July 1992,
distribution water quality samples exceeded the federal action
level of 1.3 mg/L for copper. A purveyor has a duty to achieve
optimal corrosion control following exceedance of the copper
action level in accordance with CFR 141.80, 141.81 and 141.82.
On March 4, 1994, the Department notified the purveyor of the
copper action level exceedance and directed the purveyor to
install and operate optimal corrosion control treatment. In
accordance with CFR 141.82, a purveyor must submit a corrosion
treatment recommendation to the Department for review and
approval within six months of notification of the action level
exceedance. The purveyor must install approved source or
corrosion control treatment within twenty-four months of
Departmental approval of the purveyor's treatment recommendation.
On February 28, 1995, the purveyor submitted a corrosion control
recommendation report for Departmental review and approval. The
Department approved the purveyor's corrosion control treatment
recommendation on October 24, 1995. The approval expired on
October 24, 1997. To date, the purveyor has not provided
treatment to meet corrosion control requirements.
1.6 Compliance agreements. Since December 2000, the
purveyor has been under Bilateral Compliance Agreements with the
Department for installation of filtration facilities and
installation of corrosion control treatment.
STATE AGREED ORDER
Page 3 of 10
On December 12, 2003, the Department approved a project
report describing a proposed new treatment plant and pH
adjustments to meet corrosion control requirements.
In November 2004, the purveyor and the Department entered
into a subsequent agreement, Bilateral Compliance Agreement No.
2004-BCA-0074, allowing the purveyor additional time to complete
the filtration and corrosion control treatment projects. In
accordance with the agreement, construction documents for all
treatment facilities were to be submitted by February 28, 2005.
In September 2005, the purveyor and the Department entered
into Agreed Order No. 2005-SAG-0002. The Agreed Order required
the purveyor to submit design documents for the proposed
filtration plant and corrosion control treatment by November 30,
2005. The purveyor submitted design documents on November 30,
2005. The Department is unable to approve the project as
submitted. To date, the purveyor has failed to address
Departmental comments on said design project.
II. ORDER
In view of the foregoing, and because the City of Port
Angeles has indicated its desire to cooperate with the Department
to bring the system into compliance with state and federal
drinking water regulations, under authority of WAC 246-290-050,
you are ORDERED, and it is mutually agreed between the City of
Port Angeles and the Department, that the following action will
be taken to comply with Chapter 246-290 WAC.
2.1 Meet Surface Water Treatment Rule requirements. In
accordance with WAC 246-290-630, the purveyor shall ensure
STATE AGREED ORDER
Page 4 of 10
treatment is provided for surface water and GWI sources
consistent with the treatment technique requirements specified in
Part 6 of Chapter 246-290 WAC. By December 31, 2009, the
purveyor shall verify that treatment processes meeting 3-1og
removal and/or inactivation of Giardia lamblia cysts, 4-1og
removal and/or inactivation of viruses, and 2-1og removal and/or
inactivation of Cryptosporidium oocystes are fully constructed,
tested, and in operation.
2.2 Provide interim treatment. In accordance with WAC 246-
~
290-672, the Department may require the purveyor to provide
higher levels of treatment when necessary to protect the health
of consumers served by the public water system. The purveyor
shall operate interim disinfection treatment to achieve a 3-1og
removal and/or inactivation of Giardia lamblia cysts. By April
1, 2007, the required level of inactivation must be achieved
through disinfection. Compliance with this treatment level shall
be demonstrated through submittal of monthly treatment reports.
2.3 Submit action plan. In accordance with WAC 246-290-
670, a purveyor of an existing unfiltered system required to
filter shall submit an action plan and schedule detailing how the
purveyor will comply with Subparts A and B or Subparts A and D of
Part 6 of Chapter 246-290 WAC. By December 31, 2007, the
purveyor shall submit to the Department for review and approval
an action plan identifying how the purveyor will respond to
potential drinking water public health emergencies in the interim
timeframe and in the event the purveyor is unable to install
treatment meeting the requirements detailed in paragraph 2.1
above within the prescribed timeframe. The action plan must
address how the purveyor will comply with the surface water
treatment requirements in section 2.1 of this order in the event
STATE AGREED ORDER
Page 5 of 10
that the installation of the surface water treatment plant
intended to mitigate the effects of the removal of the t~o Elwha
River dams as part of Public Law 102-495, the Elwha River
Ecosystem and Fisheries Restoration Act, is not completed before
September 30, 2009 or in the event that the federal project is
not undertaken.
2.4 Treatment operation. In accordance with WAC 246-290-
630, the purveyor shall ensure that personnel operating the
system subject to Part 6 of Chapter 246-290 WAC meet the
~
requirements under chapter 70.119 RCW and 246-292 WAC. Prior to
placing approved treatment processes online and no later than
October 31, 2009, provide written documentation to the Department
that certified water operators meeting the requirements of WAC
246-292-050 are on staff or are employed by the National Park
Service and a certified operator of the required certification is
in responsible charge of the treatment system.
2.5 Submit water system plan amendment/funding strategy. In
accordance with WAC 246-290-100, the purveyor shall have a
current, approved water system plan that includes a capital
improvement program and demonstrates financial viability to fund
capital improvements and ongoing system maintenance. The
purveyor shall submit a water system plan amendment that provides
estimated capital and annual operating costs and method of
financing for the required corrosion control treatment design,
installation, and maintenance. The purveyor shall submit the
water system amendment/funding strategy by April 30, 2007.
2.6 Submit corrosion control recommendation report. 40 CFR
141.81 and 82 require the purveyor to submit a corrosion control
recommendation report to the Department for review and approval
STATE AGREED ORDER
Page 6 of 10
within six months of notification of the lead or copper
exceedance. The report is a required step towards achieving
optimum corrosion control treatment and is required as a result
of the purveyor's 1992 exceedance of the federal copper action
level. The purveyor submitted an earlier report in 1995. The
purveyor shall submit an updated corrosion control recommendation
report to the Department for review and approval by April 30,
2007.
2.7 Submit design and construction documents. Upon
Departmental approval of the above-referenced corrosion control
recommendation report and in accordance with WAC 246-290-120 and
40 CFR 141.82, the purveyor shall submit for Departmental review
and approval, design and construction documents prepared by a
professional engineer that describe water treatment facilities
necessary to achieve optimal corrosion control. The design and
construction documents shall be submitted to the Department by
September 4, 2007.
The purveyor is further expected to respond to Departmental
comments on the above-described recommendation report and design
and construction documents such that Departmental approval of the
corrosion control treatment project is achieved by December 31,
2007.
2.8 Install corrosion control treatment. In accordance
with 40 CFR Part 141.80, 141.81 and 141.82, the purveyor shall
have Department-approved corrosion control treatment facilities
installed and in operation by June 29, 2008.
2.9 Notify consumers (treatment technique violation). The
purveyor shall provide notice as required under Subpart A of Part
STATE AGREED ORDER
Page 7 of 10
~
7 of Chapter 246-290 WAC, to all customers of the Port Angeles
water system that their water does not meet the treatment
requirements of the federal Surface Water Treatment Rule. This
notice shall be substantially similar to the "Notice to Water
System Users-Inadequately Treated Water," a copy of which is
included herein as Attachment A. A copy of the written notice
shall be provided to the Department to verify compliance by March
30, 2007. This public notice requirement, including confirmation
to the Department, shall continue thereafter every calendar
quarter until approved filtration treatment is installed and
operating.
III. PLACE TO SUBMIT DOCUMENTS AND REQUESTS
3.1 Reports. All documents or reports required by this
order to be submitted to the Department shall include the Docket
No. on page 1 and be sent to Linda Kildahl, Compliance Program
Manager, at PO Box 47823, Olympia, Washington 98504-7823.
3.2 Questions. Questions about compliance with this order
should be sent in writing to Denise Lahmann, P.E, Regional
Manager, at the above address.
3.3 Requests. A request to extend a time period to achieve
compliance for good cause, or to otherwise modify the order, may
be filed with the Department by sending a written request to
Denise Lahmann, P.E., Regional Manager, or Andy Anderson, P.E.,
Regional Engineer, at the above address within the time period
specified for compliance. Any such request will be reviewed and
a written response provided to you within fifteen (15) days of
the Department's receipt of your request.
STATE AGREED ORDER
Page 8 of 10
IV. SUPPLEMENTAL AND MODIFICATION
4.1 Allowed. The Department may supplement or modify this
order if changes are warranted to ensure compliance with chapter
246-290 WAC or to allow for the practical ability to correct the
violations.
4.2 By consent. Denise Lahmann, P.E., Regional Manager, is
authorized to modify this order with your consent.
V. TECHNICAL ASSISTANCE SERVICES
Technical assistance services available from the Department
may be obtained by calling Andy Anderson at (360).236-3033 or
writing to him at the address listed in 3.1 above.
VI. NOTICE OF PENALTY FOR VIOLATION OF ORDER
If you fail to comply with any provision of this order, the
Department may impose upon you civil penalties of up to five
thousand dollars ($5,000.00) per violation per day, or in the
case of a violation determined to be a public health emergency, a
penalty of not more than ten thousand dollars ($10,000.00) per
violation per day under authority of chapter 70.119A RCW.
Furthermore, failure to comply with this order may result in
referral to the United States Environmental Protection Agency
(EPA) for federal enforcement action.
STATE AGREED ORDER
Page 9 of 10
."
VII. OPERATING PERMIT STATUS
Failure to comply with this order shall also result in the
system being considered inadequate and the operating permit
issued by the Department will be categorized as red. A system
categorized as red may have loans, building permits and on-site
sewage disposal permits denied for properties connected or to be
connected to the system.
SO ORDERED this ~ day of February 2007 at Turnwater,
Washington.
~~~
Denise Lahmann, P.E., Regional Manager
Office of Drinking Water
Washington State Department of Health
AGREED to this Z:Zoo').!> day of February 2007 at
Y"''R\ ~~lC\..E'>
, Washington.
~. tJ-
Glenn A. Cutler, P.E.
Director, Public Works & Utilities
City of Port Angeles
STATE AGREED ORDER
Page 10 of 10
5.5t.o8A
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STATE OF WASHINGTON
DEPARTMENT OF HEALTH
SOUTHWEST DRINKING WATER OPERATIONS
2411 Pacific Avenue · PO Box 47823 · Olympia, Washington 98504-7823
Tel: (360) 664-0768 · FAX: (360) 664-8058
TDD Relay Service: 1-800-833-6388
In Re:
City of Port Angeles
CLALLAM COUNTY
Docket No. 2005-SAG-0002
10 # 68550M
AGREED ORDER
To: Glenn A. Cutler, P.E.
Director of Public Works and Utilities
City of Port Angeles
321 East Fifth Street
PO Box 1150
Port Angeles, WA 98362-0217
This document constitutes a notice of correction for purposes
of chapter 43.05 RCW.
I. FINDINGS
1.1 Identity of system. The City of Port Angeles, a municipal
corporation established under Title 35A RCW , owns and operates the
City of Port Angeles water system. Glenn Cutler is the Public
Works and Utilities Director for the City of Port Angeles. William
Beverford is the water system manager. The system provides water
for approximately'7,889 residential connections and is classified
as a Group A community water system as defined in WAC 246-290-
020 (3) .
1.2 Covered by regulations. The City of Port Angeles Water
System is a "public water system" as defined in RCW 70.119A.020(4).
AGREED ORDER Page 1 of 6
Public Health - Always Working for a Safer and Healthier Washington
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The City of Port Angeles is a "purveyor" as defined by WAC 246-290-
010. The operation of this public water system is governed by
Chapter 246-290 WAC, the regulations of the State Board of Health
regarding public water systems.
1.3 Surface water treatment requirement. The Department of
Health (Department) classified the purveyor's primary source as
Groundwater under the Direct Influence of Surface Water (GWI) based
on the results of water quality monitoring and microscopic
particulate analysis. The purveyor was notified of the
classification in correspondence dated April 25, 2000. In
accordance with WAC 246-290-620, groundwater sources categorized as
under the direct influence of surface water must meet the
requirements of the Surface Water Treatment Rule (Part 6 of chapter
246-290 WAC) .
1.4 Corrosion control treatment requirement. In July 1992,
distribution water quality samples exceeded the federal action
level of 1.3 mg/L for copper. A purveyor has a duty to achieve
optimum corrosion control following exceedance of the copper action
level in accordance with CFR 141.81 and 141.82. On March 4, 1994,
the Department notified the purveyor of the requirement to achieve
optimum corrosion control.
1.5 Compliance agreements. Since December 2000, the purveyor
has been under Bilateral Compliance Agreements with the Department
for installation of filtration facilities and installation of
corrosion control treatment. The Department acknowledges that the
National Park Service is currently funding and designing these
facilities as mitigation for the removal of the two dams on the
Elwha River as part of Public Law 102-495, the Elwha River
Ecosystem and Fisheries Restoration Act. On December 12, 2003, the
Department approved a project report completed by the National Park
AGREED ORDER
Page 2 of 6
v
Service and submitted by the purveyor describing a proposed new
treatment plant and the necessary pH adjustments to meet corrosion
control requirements.
In November 2004, the purveyor and the Department entered into
a new agreement, Bilateral Compliance Agreement No. 2004-BCA-0074,
allowing the purveyor additional time to complete the filtration
and corrosion control treatment projects. In accordance with the
agreement, construction documents for the treatment facilities were
to have been submitted by February 28, 2005. As of May 25, 2005,
the purveyor has failed to submit the construction documents.
II. ORDER
In view of the foregoing, and because the City of Port Angeles
has indicated its desire to cooperate with the Department to bring
the system into compliance with state drinking water regulations,
under authority of WAC 246-290-050, a copy of which is included
herein as Attachment I, you are ORDERED, and it is mutually agreed
between the City of Port Angeles and the Department, that the City
of Port Angeles will take the following actions to comply with
Chapter 246-290 WAC.
2.1 Submit design. In accordance with WAC 246-290-120, the
purveyor shall submit to the Department construction documents
completed by the National Park Service, including drawings and
specifications of filtration and related facilities including
corrosion control treatment to be constructed. The construction
documents must be submitted to the Department for review and
approval by November 30, 2005. The construction documents must also
include a corrosion control process, e.g a pH adjustment process,
to reduce copper levels below the action level.
AGREED ORDER
Page 3 of 6
,/
2.2 Construction of treatment plant. In accordance with WAC
Part 6 of chapter 246-290 WAC, the purveyor shall verify to the
Department that construction, start-up and testing of the new
treatment plant is complete by August 30, 2008.
III. PLACE TO SUBMIT DOCUMENTS AND REQUESTS
3.1 Reports. All documents or reports required by this order
to be submitted to the Department shall include the Docket No. on
page 1 and be sent to Linda Kildahl, Compliance Program Manager, at
PO Box 47823, Olympia, Washington 98504-7823.
3.2 Questions. Questions about compliance with this order
should be sent in writing to Linda Kildahl, Compliance Program
Manager, at the above address.
3.3 Requests. A request to extend a time period to achieve
compliance for good cause, or to otherwise modify the order, may be
filed with the Department by sending a written request to Linda
Kildahl, Compliance Program Manager, at the above address within
the time period specified for compliance. Any such request will be
reviewed and a written response provided to you within fifteen (15)
days of the Department's receipt of your request.
IV. SUPPLEMENTAL AND MODIFICATION
4.1 Allowed. The Department may supplement or modify this
order if changes are warranted to ensure compliance with chapter
246-290 WAC or to allow for the practical ability to correct the
violations.
AGREED ORDER
Page 4 of 6
"
4.2 By consent. Mark Toy, P.E, Regional Engineer, and Linda
Kildahl, Regional Compliance Manager, are authorized to modify this
order with your consent.
V. TECHNICAL ASSISTANCE SERVICES
Technical assistance services available from the Department
may be obtained by calling Mark Toy at (360) 586-5209 or writing to
him at the address listed in 3.1 above.
VI. NOTICE OF PENALTY FOR VIOLATION OF ORDER
If you fail to comply with any provision of this order, the
Department may impose upon you civil penalties of up to five
thousand dollars ($5,000.00) per violation per day, or in the case
of a violation determined to be a public health emergency, a
penalty of not more than ten thousand dollars ($10,000.00) per
violation per day under authority of chapter 70.119A RCW.
Furthermore, failure to comply with this order may result in
referral to the United States Environmental Protection Agency (EPA)
for federal enforcement action.
VII. OPERATING PERMIT STATUS
Failure to comply with this order shall also result in the
system being considered inadequate and the operating permit issued
by the Department will be categorized as red. A system categorized
as red may have loans, building permits and on-site sewage disposal
permits denied for properties connected or to be connected to the
system.
AGREED ORDER
Page 5 of 6
./'
SO ORDERED this J~~day of July, 2005 at Olympia, Washington.
~~
Denise Lahmann, P.E., Regional Manager
Office of Drinking Water
Washington State Department of Health
Agreed to this -z.. "l.... ~ day of S0P ~~ 2005 at
~,q<V\ ~ev.c.",1.2;J , Washington.
~~
Glenn A. Cutler, P.E.
Director, Public Works & utilities
City of Port Angeles
AGREED ORDER
Page 6 of 6