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.