Res 1148 - Final Order DEQ
.....,
COUNCil Bill NO. 1429
RESOLUTION NO. 1148
A RESOLUTION ENTERING INTO A STIPULATION AND FINAL ORDER WITH THE
DEPARTMENT OF ENVIRONMENTAL QUALITY OF THE STATE OF OREGON.
WHEREAS, the City operates a sewage treatment facility that discharges
treated wastewater to the Pudding River; and
WHEREAS, the Department of Environmental Quality of the State of Oregon
has issued a waste discharge permit to the City pursuant to Oregon and federal law;
and
WHEREAS. both the City and the Department of Environmental Quality
recognize that the City may not be able to achieve the required compliance without
making necessary improvements in the City's sewage treatment facility; and
WHEREAS. the Department of Environmental Quality has proposed a schedule
whereby the City can eventually achieve compliance, NOW, THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOllOWS:
Section 1. That the Mayor is authorized to sign on behalf of the City the
Stipulation and Final Order with the Department of Environmental Quality, State of
Oregon, a copy of which is attached hereto, and by this reference incorporated herein.
Approved as to form~~ {) ~ 10 - ? - 7 L
City Attorney Date
APPROVED: 1~ vU ftrA--49.A /
FRED W. KYSER, 'MA@JR- ~
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
October 12, 1992
October 13, 1992
October 13, 1992
October 13, 1992
Filed in the Office of the Recorder
ATTEST: f1l~~~.j-
Mary Tenn nt, City Recorder
City of Woodburn, Oregon
Page 1 -
Council Bill No, 1429
Resolution No, 1148
~
.... -r--T'''-----
~_..
--
1
BEFORE THE ENVIRONMENTAL QUALITY roMMISSION
2
OF THE STATE OF OREGON
3
5
DEPAR'IMENT OF ENVIRONMENTAL QUALITY, )
OF THE STATE OF OREGON, )
)
Department, )
)
v. )
)
CITY OF WOODBURN )
)
Respondent. )
)
STIPUIATION AND FINAL ORDER
No. WQMW-WVR-92-258
MARION COUNTY
4
6
7
8
9
WHEREAS :
10
1.
On September 30, 1992, the Department of Envirorunental
11
Quality (Department or DEQ) issued National Pollutant Discharge
12
Elimination System (NPDES) Waste Discharge Permit Number
13
100987 (Permit) to the city of Woodburn, (Respondent), pursuant to
14
Oregon Revised Statutes (ORS) 468B.050 and the Federal Water
15
Pollution Control Act Amendments of 197, P.L. 92-500 as amended.
16
The Permit authorizes the Respondent to construct, install, modify
17
or operate wastewater treatment control and disposal facilities
18
(facilities) and discharge adequately treated wastewaters into the
19
Pudding River, waters of the state, in conformance with the
20
requirements, limitations and conditions set forth in the Permit.
21
2.
The Respondent operates a sewage treatment facility that
22
uses chlorine as a disinfecting agent for the treated effluent prior
23
to discharging to public waters.
24
3.
Chlorine and ammonia-nitrogen are toxic substances that can
25
be harmful to aquatic organisms. Discharges of any substance,
26
including chlorine and ammonia-nitrogen, that cause water quality
1 - STIPULATION AND FINAL ORDER (MW\WC10\WC10502)
.., -....T~.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
~'
,...~,
stream standards violations outside of a designated mixing zone are
prohibited by Oregon Administrative Rules (OAR) 340-41-445(2).
4. The water quality standard for dissolved oxygen is
violated in the Pudding River. As a result, the Department has
classified the Pudding River as a water quality limited stream and
is in the process of establishing a Total Maximum Daily Load (TMDL)
for dissolved oxygen. A TMDL is the total amount of pollutant that
can enter a water body without causing a violation of a water
quality standard. The '!MOL includes waste load allocations (WLAs)
for point sources and load allocations (LAs) for non-point sources
and natural background activities.
5. Respondent is required to conduct a mixing zone study as
part of the facility planning process to address the TMDL. Until
such time as Respondent completes the mixing zone study, final
effluent limits for chlorine and ammonia-nitrogen cannot be
established. The final effluent limits for chlorine and ammonia-
nitrogen will not be effective until the Respondent attains
operational level to comply with the '!MOL.
6. The Department has included a chlorine effluent limitation
in the permit. This limitation is an estimate of the maximum
allowable effluent limit which would still meet water quality
standards for chlorine.
7. The Department and Respondent recognize that the Respondent
may not be able to achieve compliance with the water quality
standards for chlorine and ammonia-nitrogen without making
necessary improvements in Respondent's sewage treatment facility.
2 - STIPULATION AND FINAL ORDER (MW\WC10\WC10502)
'._"-_.~\...-~---T..
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
-
8. The Permit requires the Respondent to conduct bioassay
testing on final effluent. The Department and Respondent recognize
that whole effluent toxicity due to ammonia-nitrogen and/or chlorine
is likely until the Respondent achieves compliance with the water
quality standards for chlorine and ammonia-nitrogen.
9. The facility receives high Biochemical Oxygen Demand (BOD)
loads from food processing industries during the summer months.
Respondent has incorporated an aerated basin and lagoon into the
treatment facility in an effort to reduce BOD loading to the
secondary treatment facilities. The aerated basin and lagoon are in
use for a period of five months during the summer.
10. With the incorporation of the lagoon into the treatment
facility, additional solids in the form of algae are encountered.
As a result, the Respondent may not be able to consistently meet the
effluent limits for Total Suspended Solids (TSS) during the summer.
11. The permit includes 85 percent removal efficiencies for BOD
and TSS in accordance with federal requirements. Respondent may
not be able to consistently meet the removal requirements for BOD
and TSS in the Permit.
12. The Department and Respondent recognize that the cOIrunission
has the power to impose a civil penalty and to issue an abatement
order for violations of conditions of the Permit. Therefore,
pursuant to ORS 183.415(5}{ the Department and Respondent wish to
limit and resolve the future violations referred to in Paragraphs 7,
8, 10 and 11 in advance by this Stipulation and Final Order (SFO).
3 - STIPULATION AND FINAL ORDER (MW\WC10\WC10502)
-~. . -, >-_.-. ..t-_._~..-.... ---.- -.""-'---" ----.....",,,.. -~-"'--"-, ._..~~...__._-_._-~-~.,
......
--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
13. This SFO is not intended to limit, in any way, the
Department's right to proceed against Respondent in any forum for
any past or future violations not expressly settled herein.
NOW THEREFORE, it is stipulated and agreed that:
14. The Environmental Quality commission hereby issues a final
order:
a. Requiring Respondent to comply with the following
schedule:
(1) Twelve (12) months after establishment of the TIIDL,
the Respondent shall submit a final facilities plan report that
evaluates alternatives for complying with the TIIDL, percent
removal requirements for BOD and TSS, the water quality
standards for chlorine and annnonia, and all other applicable
water quality standards. The facilities plan shall also include
an evaluation of the mixing zone.
(2) Eighteen (18) months after approval of the facilities
plan, the Respondent shall submit engineering plans and
specifications for construction of necessary improvements.
(3) Twenty-four (24) months after approval of the
facilities plan, Respondent shall award construction contracts
for completion of necessary improvements. Progress reports are
to be submitted to the Department at 6 month intervals from
award of bid.
(4) Forty-fOur (44) months after approval of the
facilities plan, Respondent shall complete construction of the
necessary improvements.
4 - STIPULATION AND FINAL ORDER (MW\WC10\WC10502)
, ._.~.t'--,......~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
5
.
--,
(5) Fifty (50) months after approval of the facilities
plan, Respondent shall attain operational level to comply with
the 'lMDL established for the Pudding River and assure that any
toxic impact of the Respondent's discharge of chlorine residual,
ammonia-nitrogen or any other toxic substance complies with OAR
340-41-445(2)(p) for toxic substances and OAR 340-41-445(4) for
mixing zones.
b. Requiring Respondent to meet the following interim
requirements which are effective from Permit issuance date until
attainment of operational level to comply with the TMDL:
(1) The chlorine residual concentration shall not exceed
1.5 mg/l on a daily basis.
(2) Total SUspended Solids concentration of 20 mg/l
monthly average and 30 mg/l weekly average from May 1 -
october 31. (Respondent shall comply with all mass limits
in the permit).
(3) Bioassay Tests may be conducted with chlorine and
ammonia-nitrogen stripped from the final effluent.
(4) BOD and TSS removal efficiency of 80 percent monthly
average.
c. Requiring Respondent to comply with all the terms{
schedules and conditions of the Permit except as specified by
Paragraph 14.b above, or of any other NPDES waste discharge
permit issued to Respondent while this SFO is in effect.
d. Requiring Respondent, upon receipt of a written Penalty
Demand notice from the Department, to pay civil penalties of one
- STIPULATION AND FINAL ORDER (MW\WCIO\WC10502)
" .....,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
~
.-
hundred dollars ($100) for each day of each violation of
Paragraph 14.b and civil penalties of two hundred fifty dollars
($250) for each day of each violation of any other requirement
of this SFO.
15. If any event occurs that is beyond Respondent's
reasonable control and that causes or may cause a delay or
deviation in performance of the requirements of this SFO,
Respondent shall immediately notify the Department verbally of the
cause of delay or deviation and its anticipated duration, the
measures that have been or will be taken to prevent or minimize the
delay or deviation, and the timetable by which Respondent proposes
to carry out such measures. Respondent shall confirm in writing
this information within five (5) working days of the onset of the
event. It is Respondent's responsibility in the written
notification to demonstrate to the Department's satisfaction that
the delay or deviation has been or will be caused by circumstances
beyond the control and despite due diligence of Respondent. If
Respondent so demonstrates, the Department shall extend times of
performance of related activities under this SFO as appropriate.
circumstances or events beyond Respondent's control include, but are
not limited to, acts of nature, unforeseen strikes, work stoppages,
fires, explosion, riot, sabotage, or war. Increased cost of
performance or consultant's failure to provide timely reports shall
not be considered circumstances beyond Respondent's control.
16. Respondent and the Department hereby waive any and all of
their rights to any and all notices, hearing, jUdicial review, and
6 - STIPULATION AND FINAL ORDER (MW\WC10\WC10502)
,- T-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
....,
to service of a copy of this SFO. The Department reserves the right
to enforce this SFO through appropriate administrative and judicial
proceedings.
17 . Regarding the schedule set forth in Paragraph 14. a above,
Respondent acknowledges that Respondent is responsible for
complying with that schedule regardless of the availability of any
federal or state grant monies.
18 . The terms of this SFO may be amended by the mutual
agreement of the Department and Respondent.
19. Respondent acknowledges that it has actual notice of the
contents and requirements of the SFO and that failure to fulfill
any of the requirements hereof would constitute a violation of this
SFO and subject Respondent to payment of civil penalties pursuant
to Paragraph 14.d above.
20. Any stipulated civil penalty imposed pursuant to Paragraph
14.d shall be due upon written demand. stipulated civil penalties
shall be paid by check or money order made payable to the "state
Treasurer, state of Oregon" and sent to: Business Office,
Department of Environmental Quality, 811 S.W. Sixth Avenue,
Portland, OR 97204. Within 21 days of receipt of a "Demand for
Payment of stipulated civil Penalty" Notice from the Department,
Respondent may request a hearing to contest the Demand Notice. At
any such hearing, the issue shall be limited to Respondent's
compliance or non-compliance with this SFO. The amount of each
stipulated civil penalty for each violation and/or day of violation
7 - STIPULATION AND FINAL ORDER (MW\WCI0\WCI0502)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
or'
........
is established in advance by this SFO and shall not be a contestable
issue.
21. Providing Respondent has paid in full all stipulated civil
penalties pursuant to Paragraph 20 above, this SFO shall terminate
60 days after respondent demonstrates full compliance with the
requirements of the schedule set forth in Paragraph 14.a above.
8 - STIPULATION AND FINAL ORDER (MW\WC10\WCI0502)
..,........,-......"
,-
1
RESPONDENT
2
3
4
October 13, 1992
Date
{Name}
(Title)
t~:{;;v ~
Mayor
5
6
7
DEPAR'IMENT OF ENVIRONMENTAL QUALITY
8
9
10
Fred Hansen, Director
Date
11
12
13 FINAL ORDER
14 IT IS SO ORDERED:
15 ENVIRONMENTAL QUALITY COMMISSION
16
17
18
Date
Fred Hansen, Director
Department of Environmental Quality
Pursuant to OAR 340-11-136(1)
19
20
21
22
23
24
25
26
9 - STIPULATION AND FINAL ORDER {MW\WC10\WC10502}