City of Atlanta
Georgia

Resolution
16-R-3139
Adopted Substitute
May 16, 2016 1:00 PM

A RESOLUTION BY COUNCILMEMBER NATALYN M. ARCHIBONG AS SUBSTITUTED BY CITY UTILITIES COMMITTEE TO AUTHORIZE PAYMENT OF STIPULATED PENALTIES IMPOSED BY THE ENVIRONMENTAL PROTECTION AGENCY (EPA) AND THE ENVIRONMENTAL PROTECTION DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES OF THE STATE OF GEORGIA (EPD) IN THE AMOUNT OF SEVENTEEN THOUSAND DOLLARS AND ZERO CENTS ($17,000.00) AS STIPULATED PENALTIES FOR FAILURE TO MAINTAIN ADEQUATE OPERATIONAL STANDARDS - EFFLUENT FECAL COLIFORM EXCEEDANCE AT THE CUSTER AVENUE COMBINED SEWER SYSTEM CONTROL FACILITY AND THE CLEAR CREEK COMBINED SEWER SYSTEM CONTROL FACILITY ON JANUARY 15, 2016; PURSUANT TO THE CSO CONSENT DECREE, CIVIL ACTION FILE NO. 1:95-CV-2550-TWT; TO IDENTIFY THE SOURCE OF FUNDING; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 5 Natalyn Mosby Archibong
Category:Personal PaperFunctions:None Required

Attachments

  1. Printout
  2. 3 EPA
  3. SUB 16-R-3139 (Stipulated Penalties) (This file has not yet been converted to a viewable format)
  4. 16-R-3139 (Exhibit A) (This file has not yet been converted to a viewable format)
  5. 16r3139

Body

WHEREAS, the City of Atlanta (“City”) has experienced violations for Failure to Maintain Adequate Operational Standards - Effluent Fecal Coliform Exceedance as set out in Exhibit “A” hereto; and

 

WHEREAS, these violations are subject to stipulated penalties imposed at the discretion of the Environmental Protection Agency (EPA) and the Environmental Protection Division of the Department of Natural Resources of the State of Georgia (EPD) pursuant to the CSO Consent Decree, Civil Action File No. 1:95-CV-2550-TWT, Paragraph XI.D.2; and

 

WHEREAS, the Department of Watershed Management of the City does not dispute the fact these violations for Failure to Maintain Adequate Operational Standards - Effluent Fecal Coliform Exceedance did occur; and

 

WHEREAS, the payment to EPA and EPD of this assessment by the City does not constitute a finding or adjudication, is not to be evidence of a violation of state or federal laws by the City, nor does the City by its consent agree to any violations of state or federal laws or admit any liability to any third party or parties; and

 

WHEREAS, funds for this purpose are available in account number 5051 (Water & Wastewater Revenue Fund) 170201 (DWM Wastewater Treatment & Collections) 5730009 (Penalties) 4310000 (Sanitary Administration); and

 

WHEREAS, the CSO Consent Decree, Section XI.O similarly provides for payment of interest on late payment of stipulated penalties; and

 

WHEREAS, it is deemed to be in the interest of the City to accept the proposed stipulated penalties and to pay the incident assessments to them; and

 

THE City COUNCIL OF THE CITY OF ATLANTA hereby resolves, that the Chief Financial Officer of the City is authorized to issue checks in the amounts of  Seventeen Thousand Dollars and Zero Cents ($17,000.00) payable to the Treasurer, United States of America as stipulated penalties imposed pursuant to the CSO Consent Decree at the discretion of the Environmental Protection Agency and the Environmental Protection Division of the Department of Natural Resources of the State of Georgia for said violations for Failure to Maintain Adequate Operational Standards - Effluent Fecal Coliform Exceedance at the Custer Avenue Combined Sewer System Control Facility and the Clear Creek Avenue Combined Sewer System Control Facility on January 15, 2016; and

 

Be it Finally RESOLVED that the said payments be chargeable to Account Number 5051 (Water & Wastewater Revenue Fund) 170201 (DWM Wastewater Treatment & Collections) 5730009 (Penalties) 4310000 (Sanitary Administration) COA.

 

 

 

Meeting History

Feb 1, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Feb 9, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Feb 15, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

MEMBERS PRESENT: ARCHIBONG, MARTIN, ADREAN, DICKENS, SHOOK, WAN & SHEPERD

RESULT:RETURNED AS HELD
Feb 23, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Mar 7, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

MEMBERS PRESENT: ARCHIBONG, MARTIN, ADREAN, DICKENS, SHOOK, WAN, SHEPERD

RESULT:RETURNED AS HELD
Mar 15, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Mar 21, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

MEMBERS PRESENT: ARCHIBONG, MARTIN, ADREAN, DICKENS, SHOOK, & WAN

RESULT:RETURNED AS HELD
Mar 29, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Apr 18, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

MEMBERS PRESENT: ARCHIBONG, MARTIN, ADREAN, DICKENS, SHOOK, WAN & SHEPERD

RESULT:RETURNED AS HELD
Apr 26, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
May 2, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

MEMBERS PRESENT: DICKENS, MARTIN, SHOOK, SHEPERD, ADREAN & WAN

RESULT:RETURNED AS HELD
May 10, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE ON SUBSTITUTE [5 TO 0]
AYES:Natalyn Mosby Archibong, Clarence "C. T." Martin, Yolanda Adrean, Howard Shook, Joyce M Sheperd
AWAY:Andre Dickens, Alex Wan
May 16, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

RESULT:ADOPTED SUBSTITUTE [13 TO 0]
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Carla Smith, Ivory Lee Young Jr., Cleta Winslow, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
ABSENT:Natalyn Mosby Archibong
AWAY:Kwanza Hall