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Home My WebLink About5.799 Original Contract / ~, 5. 79'1 . STATE OF WASHINGTON DEPARTMENT OF ECOLOGY IN THE MATTER OF COMPLIANCE BY CITY OF PORT ANGELES ) ) ) AGREED ORDER NO. 3853 r'~;.'~!VED To: Mr. Mark Madsen, City Manager City of Port Angeles P.O. Box 1150 Port Angeles, W A 98362-0217 ~'r" I " ~ ~006 1\\,) 'Ies QlJ (), , "'.. 'U', For the site located at: The City of Port Angeles Sanitary Sewer Collection System and Sewage Treatment Plant, 321 East Fifth Street, Port Angeles, Washington. 1. INTRODUCTION This is an Agreed Order between the Department of Ecology (Department) and the City of Port Angeles (City) to achieve compliance with Chapter 90.48 Revised Code of Washington (RCW) and Chapter 173- 245 Washington Administrative Code (WAC) by taking certain actions which are described below for reducing combined sewer overflow (CSO) events within the City of Port Angeles sanitary sewer collection system and sewage treatment plant. II. RECOGNITION OF THE DEPARTMENT'S JURISDICTION This Agreed Order is issued pursuant to the authority vested in the Department by the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. see 1311, et seq. and by Chapter 90.48 RCW. RCW 90.48.030 provides that the Department shall have the jurisdiction to control and prevent the pollution of streams, lakes, rivers, ponds, inland waters, salt waters, water courses, and other surface and underground waters of the state of Washington. RCW 90.48.120(2) authorizes the Department to issue administrative orders requiring compliance whenever it determines that a person has violated or created a substantial potential to violate any provision of chapter 90.48 RCW or fails to control the polluting content of waste to be discharged 'to waters of the state. The City agrees to undertake all actions required of it by the terms and conditions of this Agreed Order and not to contest the Department's jurisdiction and authority to administer this Agreed Order. Nothing in this Agreed Order shall in any way relieve the City of its obligations to comply with the requirements of its National Pollutant Discharge Elimination System (NPDES) Permit. Neither shall anything in this Agreed Order limit the Department's authority to enforce the provisions of the aforementioned permit. .. Agreed Order No. 3853 Page 2 III. FACTS REGARDING THIS CASE . The City was issued Administrative Order Number DE 04 WQSR-6042 from the Department on Apri123, 2004, pertaining to the City's CSO control program. Under this Order, the City was required to submit an amendment to its CSO Reduction Plan which identified the City's plan and schedule for reaching no more than one (1) overflow event per year per CSO location, on average, by 2015. . The City was issued Administrative Order Number 2927 from the Department on November 17, 2005, requiring the City to prepare and submit, for Department's approval, an updated General Sewer Plan/Wastewater Facilities Plan by September 1,2006. . The City has prepared and submitted, and the Department has approved, a General Sewer Plan/Wastewater Facilities Plan including a CSO reduction capital improvement program (CSO CIP) to meet the requirements of the above-referenced Administrative Orders. IV. ACTIONS TO CONTROL COMBINED SEWER OVERFLOWS In accordance with RCW 90.48.120(2) IT IS AGREED, that the City shall take the following action. This action is necessary to satisfy the requirements of Chapters 90.48 RCW and 173-245 WAC. The City has participated in defining this action and the schedule by which it shall be completed. . Implement the CSO CIP identified in the Department-approved General Sewer Plan/Wastewater Facilities Plan according to the schedule contained therein; except that one (1) additional year is allowed for storage tank purchase (to be completed by December 31,2007). V. PROGRESS REPORTING The City shall annually submit to the Department, as part of the CSO Report required by the City's NPDES Permit No. W A0023973, (1) the progress made to comply with terms of this Agreed Order over the previous year, (2) any deviations from the schedule referenced above, (3) a plan for bringing the project back on-schedule if necessary, and (4) any anticipated deviations from the schedule for the commg year. VI. AMENDMENTS TO THE AGREED SCOPE OF WORK AND SCHEDULE The schedule for implementing the CSO CIP is based on the assumption that financing for the majority of the projects will be provided through a combination of low-cost state and federal funding programs such as the Public Works Trust Fund, State Revolving Fund, Centennial Clean Water Fund, or State and Tribal Assistance Grant programs. If, due to circumstances beyond the City's control, the City is unable to secure financing from these sources, and'using other sources of financing would result in substantial financial impacts to the City, the Department agrees to consider an extension of the schedule for CSO CIP implementation. Any request to extend the schedule for implementation of the CSO CIP shall take the form of General Sewer Plan/Wastewater Facilities Plan Amendment submitted to the Department for review and approval .' Agreed Order No. 3853 Page 3 and shall include the basis of the request, an evaluation of other financing alternatives, and their impacts to user rates and system development charges. The new schedule, if approved, shall take effect as of the date of the Department's approval of the General Sewer Plan/Wastewater Facilities Plan Amendment. Amendments to other aspects of this Agreed Order may be requested by either party for good cause. To be effective, all proposed amendments must be signed by the person with signature authority for each party. VII. EFFECTIVE DATE This Order is effective on the date the agreement has been signed by both parties. VIII. TERMINA nON OF THE AGREED ORDER Upon completion by the City ofthe actions identified in Section IV of this Agreed Order and issuance of a Notice of Compliance by Department, the requirements of this Agreed Order shall be deemed to be fulfilled and shall have no further effect on the City. IX. ENFORCEMENT Failure to comply with this Agreed Order may result in the issuance of civil penalties of up to $10,000 per day or other actions, whether administrative or judicial, to enforce the terms of this Agreed Order. ~t:~ Mr Mark Madsen City Manager City of Port Angeles /o!z?J/o6 . Date /tJJe; h6 Date . , . ,'/ 5.7QQ 3 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 . Olympia, Washington 98504-7775 · (360) 407-6300 October 19,2006 REGISTERED MAIL RB 252 974657 US Mr. Mark Madsen, City Manager City of Port Angeles P.O. Box 1150 Port Angeles, W A 98362-0217 Your address is in the Elwha- Dungeness watershed Re: The City of Port Angeles Sanitary Sewer Collection System and Sewage Treatment Plant Dear Mr. Madsen: Enclosed is Agreed Order number 3853 between the Department of Ecology and the City of Port Angeles to achieve compliance with state standards combined sewer overflow (CSO) events within the City of Port Angeles. All correspondence relating to this document should be directed to Pat Bailey at Department of Ecology, Southwest Regional Office, P.O. Box 47775, Olympia, Washington 98504-7775. If you have any questions concerning the content of the document, please call Ms. Bailey at 360/407-6281. Sincerely, KS:MA:cc(3853) Enclosure ~" o ./ 5.7Qt:j 1 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 G Olympia, Washington 98504-7775 " (360) 407-6300 October 19, 2006 REGISTERED MAIL RB 252 974 657 US Mr. Mark Madsen, City Manager City of Port Angeles P.O. Box 1150 Port Angeles, W A 98362-0217 Your address is in the IEnwhaw lIPtUHillgeHl"tH9iSS watershed Re: The City of Port Angeles Sanitary Sewer Collection System and Sewage Treatment Plant Dear Mr. Madsen: Enclosed is Agreed Order number 3853 between the Department of Ecology and the City of Port Angeles to achieve compliance with state standards combined sewer overflow (CSO) events within the City of Port Angeles. All correspondence relating to this document should be directed to Pat Bailey at Department of Ecology, Southwest Regional Office, P.O. Box 47775, Olympia, Washington 98504-7775. If you have any questions concerning the content of the document, please call Ms. Bailey at 360/407-6281. Sincerely, -:~ a~ewind, P.E., P.G. Southwest Region Manager Water Quality Program KS:MA:cc(3853) Enclosure ~" o STATE OF WASHINGTON DEPARTMENT OF ECOLOGY IN THE MATTER OF COMPLIANCE BY CITY OF PORT ANGELES ) ) ) AGREED ORDER NO. 3853 To: Mr. Mark Madsen, City Manager City of Port Angeles P.O. Box 1150 Port Angeles, W A 98362-0217 For the site located at: The City of Port Angeles Sanitary Sewer Collection System and Sewage Treatment Plant, 321 East Fifth Street, Port Angeles, Washington. 1. INTRODUCTION This is an Agreed Order between the Department of Ecology (Department) and the City of Port Angeles (City) to achieve compliance with Chapter 90.48 Revised Code of Washington (RCW) and Chapter 173- 245 Washington Administrative Code (WAC) by taking certain actions which are described below for reducing combined sewer overflow (CSO) events within the City of Port Angeles sanitary sewer collection system and sewage treatment plant. II. RECOGNITION OF THE DEPARTMENT'S JURISDICTION This Agreed Order is issued pursuant to the authority vested in the Depar1ment by the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. sec 1311, et seq. and by Chapter 90.48 RCW. RCW 90.48.030 provides that the Department shall have the jurisdiction to control and prevent the pollution of streams, lakes, rivers, ponds, inland waters, salt waters, water courses, and other surface and underground waters of the state of Washington. RCW 90.48.120(2) authorizes the Department to issue administrative orders requiring compliance whenever it determines that a person has violated or created a substantial potential to violate any provision of chapter 90.48 RCW or fails to control the polluting content of waste to be discharged to waters of the state. The City agrees to undertake all actions required of it by the tenus and conditions of this Agreed Order and not to contest the Depart;ment's jurisdiction and authority to administer this Agreed Order. / Nothing in this Agreed Order shall in any way relieve the City of its obligations to comply with the requirements of its National Pollutant Discharge Elimination System (NPDES) Permit. Neither shall anything in this Agreed Order limit the Department's authority to enforce the provisions of the aforementioned pennit. Agreed Order No. 3853 Page 2 ~/. m. FACTS REGARDING THIS CASE · The City was issued Administrative Order Number DE 04 WQSR-6042 from the Department on April 23, 2004, pertaining to the City's CSO control program. Under this Order, the City was required to submit an amendment to its CSO Reduction Plan which identified the City's plan and schedule for reaching no more than one (I) overflow event per year per CSO location, on average, by 2015. · The City was issurd Administrativr Ordrr Number 2927 from the Department on November 17, 2005, requiring the City to prepare and submit, for Department's approval, an updated General Sewer Plan/Wastewater Facilities Plan by September 1,2006. · The City has prepared and submitted, and the Department has approved, a General Sewer Plan/Wastewater Facilities Plan including a CSO reduction capital improvement program (CSO Crp) to meet the requirements of the above-referenced Administrative Orders. IV. ACTIONS TO CONTROL COMBINED SEWER OVERFLOWS In accordance with RCW 90.48.120(2) IT IS AGREED, that the City shall take the following action. This action is necessary to satisfy the requirements of Chapters 90.48 RCW and 173-245 WAC. The City has participated in defining this action and the schedule by which it shall be completed. · Implement the CSO CIP identified in the Department-approved General Sewer Plan/Wastewater Facilities Plan accorcling to the scheclule contained therein; except that one (I) additional year is allowed for storage tank purchase (to be completed by December 3 I, 2007). V. PROGRESS REPORTING The City shall annually submit to the Department, as part of the CSO Report required by the City's NPDES Permit No. W A0023973, (1) the progress made to comply with terms of this Agreed Order over the previous year, (2) any deviations from the schedule referenced above, (3) a plan for bringing the project back on-schedule if necessary, and (4) any anticipated deviations from the schedule for the commg year. VI. AMENDMENTS TO THE AGREED SCOPE OF WORK AND SCHEDULE The schedule for implementing the CSO crp is based on the assumption that financing for the majority of the projects will be provided through a combination of low-cost state and federal funding programs such as the Public Works Trust Fund, State Revolving Fund, Centennial Clean Water Fund, or State and Tribal Assistance Grant programs. If, due to circumstances beyond the City's con'trol, the City is unable to secure financing from these sources, and using other sources of financing would result in substantial financial impacts to the City, the Department agrees to consider an extension of the schedule for CSO CIP implementation. Any request to extend the schedule for implementation of the CSO CIP shall take the form of General Sewer Plan/Wastewater Facilities Plan Amendment submitted to the Department for review and approval Agreed Order No. 3853 Page 3 and shall include the basis of the request, an evaluation of other financmg alternatives, and their impacts to user rates and system development charges. The new schedule, if approved, shall take effect as of the date of the Department's approval of the General Sewer Plan/Wastewater Facilities Plan Amendment. Amendments to other aspects of this Agreed Order m~y beJequ.ested by either party forgood cause. To be effective, all proposed amendments must be signed by the person with signature authority for each party. VII. EFFECTNE DATE This Order is effective on the date the agreement has been signed by both parties. VIII. TERMINATION OF THE AGREED ORDER Upon completion by the City of the actions identified in Section N of this Agreed Order and issuance of a Notice of Compliance by Department, the requirements of this Agreed Order shall be deemed to be fulfilled and shall have no further effect on the City. IX. ENFORCEMENT Failure to comply with this Agreed Order may result in the issuance of civil penalties of up to $10,000 per day or other actions, whether administrative or judicial, to enforce the telms of this Agreed Order. 7fL~:;?:l~ /o/~~/o rp Date I . City Manager City of Port Angeles ~~ Date , 0\"'> , ' "' ...., , " ?~ ~, ' 5.7qq 02- O?~ R'T' ;J1lN;G'~ 'E'!LE' ,IS"! I J I ~ 'I 7 ! I' I r j I 'I I ~';J'~ ~ i~ , ~ I ~ ~~; N;,>J ~-J ~l ~1 ~ ! --, --~j WAS H I N G TON, U, S. A. City Clerk's Office' October 24, 2006 Pat Bailey Southwest Regional Office Department of Ecology P. O. Box 47775 Olympia, W A 98504-7775 / Re: Agreed Order Number 3853 - City of Port Angeles Sanitary Sewer Collection System and Sewage Treatment Plant Dear Pat, Enclosed is the fully executed Agreed Order Number 3853 between the City of Port Angeles and the Department of Ecology. As discussed on the telephone this morning, it would be helpful if you could provide the City with another onginal agreed order that has been signed by the State. I will then obtain the City Manager's signature and retain that origmal here at the City. In the meantime, if I can be of any further assistance, please feel free to contact me. Sincerely yours, ~~ Becky J. Upton, CMC City Clerk Enclosure PhOlU1le' 360 -417 -4634 / Fan; 350-417 ~Lf609 Website, WWW cltyofpa.us / Em;:::!I' Cltyclerk@clt'jofDa us 321 East Fifth Streei - P.O. 30x l'I5G / POo'i 1~1Igel.3s, WA ~1.::l.3G2-0217