City of Atlanta
Georgia

Resolution
16-R-3604
Adopted Substitute
Jun 20, 2016 1:00 PM

A RESOLUTION BY COUNCILMEMBER HOWARD SHOOK AS SUBSTITUTED BY CITY UTILITIES COMMITTEE
TO AUTHORIZE PAYMENT OF STIPULATED PENALTIES IMPOSED BY THE ENVIRONMENTAL PROTECTION DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES OF THE STATE OF GEORGIA (EPD) IN THE AMOUNT OF EIGHT THOUSAND, FIVE HUNDRED DOLLARS AND ZERO CENTS ($8,500.00) AS STIPULATED PENALTIES FOR FAILURE TO MAINTAIN ADEQUATE OPERATIONAL STANDARDS - EFFLUENT FECAL COLIFORM EXCEEDANCE AT THE EAST AREA WATER QUALITY CONTROL FACILITY ON MAY 17, 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 7 Howard Shook
Category:Personal PaperFunctions:None Required

Attachments

  1. Printout
  2. EPA
  3. SUB 16-R-3604 (Penalty Paper) (This file has not yet been converted to a viewable format)
  4. 16r3604

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, this violation is 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 this violation 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  Eight Thousand, Five Hundred Dollars and Zero Cents ($8,500.00) 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 violation for Failure to Maintain Adequate Operational Standards - Effluent Fecal Coliform Exceedance at the East Area Water Control Facility on May 17, 2016; and

 

Be it Finally RESOLVED, that such payment shall be charged to and paid from the listed Fund Department Organization and Account Number 5051 (Water & Wastewater Revenue Fund) 170201 (DWM Wastewater Treatment & Collections) 5730009 (Penalties) 4310000 (Sanitary Administration) COA.

 


Exhibit A

             

 

The City is subject to stipulated penalties for violations of the CSO Consent Decree, Section XI.D.2. As follow: Failure to Maintain Adequate Operational Standards.

 

Date                          5/17/2016

 

Facility           East Area Water Quality Control Facility  

 

Penalty           $8,500.00                            

 

Violation:       Failure to Maintain Adequate Operational Standards - Effluent Fecal Coliform Exceedance

   

Comment/Condition: 

 

On May 17, 2016, the fecal coliform concentration in the first flush grab sample collected was found to have a fecal coliform concentration of 9,000 colony forming units per 100 milliliters (CFU/100 mL), which exceeded the seasonally adjusted daily maximum permit effluent limit of 2,000 CFU/100 mL.

Total residual chlorine before dechlorination was 2.16 milligrams per liter (mg/L) and following dechlorination was 0.02 mg/L indicating that adequate disinfection was applied. Based on review of operational records, no operational or mechanical basis was found for this exceedance.  It appears that, during this discharge event, the processing and treatment equipment were functioning properly and the facility was operating in accordance with the approved Management, Operations, and Maintenance Plans.  The cause of this exceedance remains undetermined.

 

 

 


Exhibit A

The City is subject to stipulated penalties for violations of the CSO Consent Decree, Section XI.D.2. as follows:

 

Date

Facility

Violation

Penalty

05/17/2016

East Area Water Control Facility

Failure to Maintain Adequate Operational Standards - Effluent Fecal Coliform Exceedence

$8,500.00

 

Comment/Condition: 

 

On May 17, 2016, the fecal coliform concentration in the first flush grab sample collected was found to have a fecal coliform concentration of 9,000 colony forming units per 100 milliliters (CFU/100 mL), which exceeded the seasonally adjusted daily maximum permit effluent limit of 2,000 CFU/100 mL.

Total residual chlorine before dechlorination was 2.16 milligrams per liter (mg/L) and following dechlorination was 0.02 mg/L indicating that adequate disinfection was applied. Based on review of operational records, no operational or mechanical basis was found for this exceedance.  It appears that, during this discharge event, the processing and treatment equipment were functioning properly and the facility was operating in accordance with the approved Management, Operations, and Maintenance Plans.  The cause of this exceedance remains undetermined.

 

 


The City is subject to stipulated penalties for violations of the CSO Consent Decree, Section XI.D.2. as follows:

 

Date

Facility

Violation

Penalty

01/15/2016

Clear Creek Combined Sewer Control Facility

Failure to Maintain Adequate Operational Standards - Effluent Fecal Coliform Exceedence

$8,500.00

 

Comment/Condition: 

 

On January 15, 2016, the fecal coliform concentration in the first flush grab sample collected was found to have a fecal coliform concentration of 48,000 colony forming units per 100 milliliters (CFU/100 mL), which exceeded the seasonally adjusted daily maximum permit effluent limit of 4,000 CFU/100 mL.

 

Total residual chlorine before dechlorination was 5.0 mg/L and following dechlorination was 0.03 mg/L. Based on review of operational records, no operational or mechanical basis was found for this exceedence.  It appears that, during this discharge event, the processing and treatment equipment were functioning properly and the facility was operating in accordance with the approved Management, Operations and Maintenance plans. However, the intensity of the storm event may have caused a high influent flow velocity which reduced the disinfection contact time and resulted in the exceedence.  

 

 

 

Meeting History

May 16, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
May 24, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jun 6, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

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

RESULT:RETURNED AS HELD
Jun 14, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE ON SUBSTITUTE [UNANIMOUS]
AYES:Natalyn Mosby Archibong, Clarence "C. T." Martin, Yolanda Adrean, Andre Dickens, Howard Shook, Alex Wan, Joyce M Sheperd
Jun 20, 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, Andre Dickens, Carla Smith, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
ABSENT:Mary Norwood
AWAY:Kwanza Hall