13.8 City Council Meeting: 11/07/22 07:00 PM 7224 GA Highway 21 Department: Public Services Port Wentworth, GA’ 31407 Category: Agreement Prepared By: Omar Senati-Martine2 ‘Scneouteo Department Head: Omer Senati-Martinez AGENDA ITEM (ID # 2757) DOC 1D: 2757 Authorize Mayor to Execute Consent Order Issued by the Environmental Protection Division (EPD) for NPDES Permit No. GA0038814 Issue/Item: Authorize Mayor to Execute Consent Order Issued by the Environmental Protection Division (EPD) for alleged violations of the Georgia Water Quality Control Act, the Georgia Rules for Water Quality Control Act, and the subject of NPDES Permit No. GA0038814. Facts and Findings: EPD is tasked with maintaining and safeguarding the natural resources of the State ‘of Georgia, EPD has alleged multiple violations of state law, and have proposed a Consent Order in order to settle the claims and prevent further litigation - including civil penalties which may be up to $50,000 to $100,000 *per day* - on the alleged violations. It should be noted that a separate Consent Order was previously executed in December 2021 over alleged violations of discharges from March through July 2021. This is a separate Consent Order detailing and covering violations in 2022. It should also be noted that at the time of both violations and Consent Orders, ClearWater Solutions (CWS) was in charge of operating the WWTP and ensuring environmental compliance, EPD has alleged numerous and varied violations of state environmental laws, including the Waste Water Treatment Plant (WWTP) exceeding the permitted discharges for: = Total Suspended Solids in April, May, June, July, and August 2022; - Ammonia in April, May, June, July, and August 2022; = Phosphorus in April, May, June, and July 2022; and - Fecal Coliform in May 2022. In addition, EPD has alleged that on May 11, 2022 the raw sewage was discharged near intersection of O'Leary Rd and Raley Rd. resulting in a major sewer spill of approximately 335,00 gallons. ‘The order requires the City to pay a fine of $7,000, compromise and settlement of the identified violations arising from the allegations and submit « Corrective Action Plan within 45 days of the execution date of the Order. The City has already started the investigative process with Turnipseed Engineering, Recommendation: Approval ATTACHMENTS: + Port Wentworth - Proposed Consent Order - Sept 27 2022 (Por) Updated: 11/2/2022 9:45 AM by Zahnay Smoak Page 1 Packet Pg. 24BAA => GEORGI A Richard E. Dunn, Director EPD Director's Office DEPARTMENT OF NATURAL RESOURCES 2 Martin Luther King, J. Drive ae Suite 1456, East Tower ENVIRONMENTAL PROTECTION DIVISION Atlanta, Georgia 30334 404-656-4713, September 27, 2022 ‘The Honorable Gary Norton, Mayor ‘epremioet City of Port Wentworth 7224 Highway 21 Port Wentworth, GA 31407 RE: Proposed Consent Order City of Port Wentworth — NPDES Permit No. GA0038814 Chatham County Dear Mayor Norton: Please find enclosed a proposed Consent Order between the Georgia Environmental Protection Division and the City of Port Wentworth concerning alleged violations of the Georgia Water Quality Control Act, the Georgia Rules for Water Quality Control, and the subject NPDES Permit. Specifically, the proposed Order addresses permit limit exceedances that have occurred in recent months. ‘The violations are detailed further in the attached Order. The Division is offering an amicable disposition of the allegations in accordance with the attached proposed Order. The Order delineates the terms by which you may return the referenced water system to compliance. If you desire to settle the issue in this fashion, please return the signed Order within fifteen (15) days of receipt of this letter to: Environmental Protection Divi Coastal District, Brunswick Office 1050 Canal Road Brunswick, GA 31525-6856 Please be advised there will be a public notice and 30-day public comment period for the Order in accordance with Georgia Rule 391-3-.01 — “Public Participation in Enforcement of Environmental Statutes”. The notice will be posted by the Division following receipt of the signed Order. Upon execution, a copy of the executed Order will be mailed to the facility, and the facility will be expected to fulfil the actions listed in the Order within the time frames established. Should you have any questions or comments concerning this proposed Order, or desire a meeting to discuss this Order, please contact Beth Stevenson in our Brunswick office at (912) 264-7284. Sincerely, AG Richard E, Dunn Director Enclosure: Proposed Consent Order Attachment: Port Wentworth - Proposed Consent Order - Sept 27 2022 (2757 : EPD Consent Order October 2022) Packet Pg. 25STATE OF GEORGIA DEPARTMENT OF NATURAL RESOURCES, (VIRONMENTAL PROTECTION DIVISION IN RE: City of Port Wentworth ) ORDER NO. EPD-WP- 7224 GA Hwy 21 ) Port Wentworth, GA 31407 ) Chatham County ) ) Respondent. ) CONSENT ORDER Authority WHEREAS, City of Port Wentworth (the “Respondent”) owns and operates a water pollution control plant (hereinafter “Facility”) at 1000 Richmond Road in Port Wentworth, Georgia; and WHEREAS, the Director (the “Director”) of the Environmental Protection Division of the Georgia Department of Natural Resources (“EPD”) administers and enforces the Georgia Water Quality Control Act of 1964 as amended, O.C.G.A. § 12-5-20 et seq. (the “Water Quality Act”); WHEREAS, EPD administers and enforces the Georgia Rules for Water Quality Control, Ga. Comp. R. AND REGS. 391-3-6 (the “Water Quality Rules”), which were promulgated and are in effect pursuant to the Water Quality Act; and WHEREAS, the Water Quality Control Act and the Water Quality Rules make it unlawful to discharge pollutants into state waters except in compliance with a permit issued by the Director; and il Penalty WHEREAS, O.C.G.A. § 12 52 provides that any person violating any provision of the Water Quality Act or any permit condition or license or limitation issued or established pursuant to the Water Quality Act, Water Quality Rules, or negligently or willfully failing or refusing to comply with any final order of the Director shall be liable for a civil penalty not to exceed $50,000.00 per day for each day during which such violation continues provided, however, that ‘a separate and later incident creating a violation within a 12 month period shall be liable for a civil penalty not to exceed $100,000.00 per day for each day during which such violation continues; and Background WHEREAS, on September 10, 2021, the Respondent was issued National Pollution +harge Elimination System (NPDES) Permit Number GA0038814 (hereinafter “Permit”) by the Director of the EPD for discharge from the Facility to the Savannah River (Savannah River Basin); and WHEREAS, the Permit requires the Respondent to monitor wastewater effluent and ensure discharges are within the parameter limits; and Page 1 of 7 City of Port Wentworth BAA Attachment: Port Wentworth - Proposed Consent Order - Sept 27 2022 (2757 : EPD Consent Order October 2022) Packet Pg. 26WHEREAS, in April 2022, the Facility exceeded the permit limit for Total Suspended Solids, Ammonia, and Phosphorus; and WHEREAS, in April 2022, the Ammonia and Total Suspended Solids violations exceeded the Technical Review Criteria (“TRC”) defined in 40 C.F.R. § 123.45 by exceeding the permit limits by a factor of 1.4; and WHEREAS, on May 11, 2022, the Respondent discharged raw sewage from its sewer collection system into waters of the state near the intersection of O’ Leary Road and Raley Road in Port Wentworth, GA due to a broken foree main resulting in a major spill of approximately 335,000 gallons; and WHEREAS, during May 2022, the Facility exceeded the permit limit for Ammonia, Phosphorus, and Fecal Coliform; and WHEREAS, in June 2022, the Facility exceeded the permit limit for Total Suspended Solids, Ammonia, and Phosphorus; and WHEREAS, on June 9, 2022, a Notice of Violation was issued by the Division to the Facility for the permit effluent violations in April 2022; and WHEREAS, on June 15, 2022, a virtual meeting between the Division and the Respondent was held to discuss the violations; and WHEREAS, on June 16, 2022, the Respondent submitted a written response to the Notice of Violations; and WHEREAS, on July 14, 2022, the Respondent discharged raw sewage from its sewer collection system into waters of the state near the intersection of Osteen Street and Armadale Street in Port Wentworth, GA due to inflow and infiltration of stormwater resulting in a spill of approximately 7500 gallons; and WHEREAS, on July 21, 2022, an enforcement meeting between the Division and the Respondent was held at the Facility to discuss the ongoing violations and corrective actions and tour the Facility; and WHEREAS, in July 2022, the Facility exceeded the permit limit for Total Suspended Solids, Ammonia, and Phosphorus; and WHEREAS, in May, June, and July 2022, the Ammonia, Total Suspended Solids, and Phosphorus violations exceeded the Technical Review Criteria (“TRC”) defined in 40 CER. § 23.45 by exceeding the permit limits by a factor of 1.4; and WHEREAS, in August 2022, the Facility exceeded the permit limit for Total Suspended Solids and Ammonia; and WHEREAS, on August 15, 2022, a Notice of Violation was issued by the Division to the Facility for the May 2022 and June 2022 permit effluent violations; and Alleged Violations WHEREAS, the Respondent violated 0.C.G.A § 12-5-29(a), which requires conformance with the Water Quality Act, the Water Quality Rules, and the Permit; and Page 2 of 7 City of Port Wentworth BAA Attachment: Port Wentworth - Proposed Consent Order - Sept 27 2022 (2757 : EPD Consent Order October 2022) Packet Pg. 27WHEREAS, the Respondent failed to meet Permit limits and ensure compliance with the Terms and Conditions of the Permit, in violation of Section 391-3-6-.06(4)(a) of the Water Quality Rules; and WHEREAS, the Respondent discharged raw sewage into waters of the state without a permit for such discharge in violation of Section 12-5-30(1) of the Water Quality Act and Section 391-3+.06(3)(a) of the Water Quality Rules; and WHEREAS, the Respondent exceeded the discharge limits in Part B.1 of the Permit (“Effluent Limitations and Monitoring Requirements”) at the Facility for: Total Suspended Solids in April, June, July, and August 2022, Ammonia for April, May, June, July, and August 2022, Phosphorus in April, May, June and July 2022, and Fecal Coliform in May 2022; and WHEREAS, the Respondent violated Part I.A.1, of the Permit (“Proper Operation and Maintenance”), which requires the facility be maintained and operated efficiently; and Conditions WHEREAS, the Director has determined that an amicable disposition of the alleged violations set forth herein is in the best interest of the citizens of the State of Georgia. NOW THEREFORE, before the taking of any testimony and without adjudicating the merits of the parties’ positions, the parties hereby resolve the allegations in this matter upon order of the Director and consent of Respondent as follows 1, Within thirty (30) days of the execution date of this Order, the Respondent shall pay to the Georgia Department of Natural Resources the amount of Seven Thousand dollars ($7,000) in compromise and settlement of the identified violations arising from the allegations referenced above. Payment in the form of certified check or money order to the Georgia Department of Natural Resources shall be delivered to 1050 Canal Road, Brunswick, GA. 31525-6856. 2. Within forty-five (45) days of the execution date of the Order, the Respondent shall submit to the Division for review and approval a Corrective Action Plan (the “CAP”) prepared and signed by a professional engineer, who is licensed in the State of Georgia, addressing the violations cited in this Order. The CAP shall include, but not be limited to, the following: a, Anengineering evaluation of the wastewater treatment system, to identify issues in the system and make necessary recommendations for design and/or operational improvements to ensure compliance with Permit effluent limitations. An implementation plan for correcting issues identified in the engineering evaluation with a detailed schedule for completion. b. Develop and implement a written preventative maintenance program at the Facility to ensure all equipment is functioning efficiently and in accordance with the ‘manufacturer's specifications. c. A Standard Operating Procedure (SOP) sufficient to ensure proper operation of the ‘wastewater treatment system and response during heavy storm events. 4. A compliance schedule not to exceed 180 days from the execution date of the Order. Page 3 of 7 City of Port Wentworth BAA Attachment: Port Wentworth - Proposed Consent Order - Sept 27 2022 (2757 : EPD Consent Order October 2022) Packet Pg. 28The Respondent shall implement the CAP upon receipt of the Division’s approval, and within ten (10) days provide written confirmation that the CAP is being implemented as approved. The Respondent shall submit to the Division a final progress report from the professional engineer outlining the Respondent ’s activities in implementing the CAP. The final progress shall be submitted thirty (30) days after completion of the corrective actions. Upon the execution date of this Order, the Respondent shall obtain approval from the Division for any engineering reports, plans, and specifications related to modification of the sewerage system in accordance with Rule 391-3-6..02. Ifat any time the Division determines that any element of any approved plan(s) or report(s) should be modified in order to meet the requirements established by this Order, the Act, or the Rules, or any subsequent changes thereto, the Division shall provide the Respondent with written notification of such determination, specify the basis for making such determination, and the Respondent shall so modify and resubmit the plan or report in accordance with a schedule specified by the Division. If at any time the Respondent determines that any element of an approved plan or report, including any deadlines or schedules contained in the plan or report, should be modified in order to meet the requirements established by this Order, the Act, or the Rules, the Respondent shall, within thirty (30) days of making such determination, modify and submit the plan or report to the Division for approval. The Division may confer with the Respondent regarding the modified plan or report on person, by telephone, by email, or in writing. Modifications to any approved plan or report must receive written approval by the Division prior to implementation. Deadlines Time is of the essence in this Consent Order. Compliance with any deadline that falls on a Saturday, Sunday or state-recognized holiday shall be by the next business day. Addresses Allnotices, correspondence, ete., from the Director and EPD to Respondent relating to this Consent Order shall be sent to: The Honorable Gary Norton, Mayor City of Port Wentworth 7224 Highway 21 Port Wentworth, GA 31407 Respondent shall submit address changes to EPD in written notice sent by certified mail; such notice shall include this Order number. Page 4 of 7 City of Port Wentworth BAA Attachment: Port Wentworth - Proposed Consent Order - Sept 27 2022 (2757 : EPD Consent Order October 2022) Packet Pg. 29All correspondence from Respondent to EPD relating to this Consent Order shall be sent to: Mrs. Beth Stevenson, District Manager Environmental Protection Division 1050 Canal Road Brunswick, Georgia 31525-6856 Public Notice This Consent Order will be noticed to the public. Required Submissions on the submission of any reports, plans, schedules or other information required by any Condition(s) of this Consent Order, EPD shall review the submission to determine its completeness. If EPD determines that the submission is complete, EPD shall notify Respondent in writing that the submission is approved. If EPD determines that the submission is incomplete, it shall provide Respondent with written notice of the deficiencies. Respondent shall have thirty (30) days from issuance of EPD’s notice of deficiency to submit a corrected submission. All submissions required by this Consent Order are, upon approval by EPD, incorporated by reference into, and made part of, this Consent Order. Any noncompliance with an approved submission shall be deemed noncompliance with this Consent Order. Approval by EPD of any submission required by this Consent Order is not an agency determination that compliance with any state laws, regulations and/or permits, licenses, ete., will thereby be achieved, but is strictly limited to the completeness of the technical aspeets of the submission with regards to the requirements of this Consent Order Force Majeure Failure of Respondent to complete the requirement(s) of any Condition(s), other than payment obligations, by the deadline(s) specified therein may be excused by EPD if 1) Respondent's failure was caused by a force majeure event, and 2) Respondent complies with all notification requirements in this section. Respondent shall have the burden of proving to EPD that it was rendered unable, in whole or part, by the force majeure event to meet the deadline(s). The term “force majeure event” as used herein shall be limited to the following: an act of ‘war (whether declared or not), including an invasion, act of foreign enemies, or terrorism; a strike, lockout, or other labor or industrial blockade or embargo which is not attributable to any unreasonable action or inaction on the part of Respondent; public riot; specific incidents of exceptional adverse weather conditions or natural disasters such as a hurricane, flood, or earthquake; a fire or explosion affecting the Respondent's operations; failure to secure timely and necessary federal, state, or local approvals or permits, provided approvals or permits have been Page 5 of 7 City of Port Wentworth BAA Attachment: Port Wentworth - Proposed Consent Order - Sept 27 2022 (2757 : EPD Consent Order October 2022) Packet Pg. 30timely and diligently sought; and any other occurrence caused by unforeseeable circumstances beyond the reasonable control of Respondent, as determined by EPD in its sole discretion. Within two (2) business days of learning of any force majeure event that may reasonably be expected to cause a deadline to be missed, Respondent shall notify EPD verbally or in writing Within seven (7) business days of learning of any force majeure event that may reasonably be expected to cause a deadline to be missed, Respondent shall submit written notice to EPD of the force majeure event, the possible effects and the anticipated length (if known) of any delay. EPD shall review the submission and negotiate with Respondent regarding the length of the proposed extension of deadlines, if any. The Respondent shall exercise due diligence and adopt all reasonable measures to avoid or minimize any delay ffect of Order Respondent consents and the Director executes this Consent Order solely for the purpose of addressing the alleged violations set forth herein. This Consent Order does not relieve Respondent of any obligations or requirements of any statute, rules, permit, or other matter administered by EPD except as specifically authorized herein, which authorization shall be strictly construed. This Consent Order is not a finding, determination, or adjudication of a violation of any state laws, rules, standards and/or requirements, nor does Respondent by consenting to this Consent Order make any admission with respect to any factual allegation contained in this Consent Order or to any liability to any third party. Unless modified or terminated by a subsequent order, or otherwise specified in writing by the Director, this Order shall be deemed satisfied and terminated upon full, complete, and timely performance of each and every condition set forth herein. Further Enforcement Failure by Respondent to comply with any provision of this Consent Order may result in further enforcement action. Issuance of this Consent Order does not waive the Director's right to use the violation(s) alleged herein, upon sufficient evidence, to show past violations in any subsequent enforcement proceeding. Fir For the purpose of enforcement, this Consent Order constitutes a final order of the Director in accordance with applicable Georgia law. By agreement of the parties, this Consent Order shall be final and effective immediately upon execution by the Director, shall not be appealable, and Respondent does hereby waive all administrative proceedings and judicial hearings on the terms and conditions of this Consent Order. Page 6 of 7 City of Port Wentworth BAA Attachment: Port Wentworth - Proposed Consent Order - Sept 27 2022 (2757 : EPD Consent Order October 2022) Packet Pg. 31Electronic Signatures The parties agree that any electronic signatures on this Consent Order constitute original, valid signatures pursuant to the Uniform Electronic Transactions Act, 0.C.G.A. § 10-121 ef seq. It is so ORDERED and CONSENT TO on the following date For the Georgia Environmental Protection Division: By: Richard E. Dunn, Director For Respondent: Printed Name: Title: Page 7 of 7 City of Port Wentworth BAA Attachment: Port Wentworth - Proposed Consent Order - Sept 27 2022 (2757 : EPD Consent Order October 2022) Packet Pg. 32