City of Atlanta
Georgia

Resolution
16-R-3533

A RESOLUTION BY CITY UTILITIES COMMITTEE AUTHORIZING THE MAYOR TO EXECUTE A CONSENT ORDER WITH THE ENVIRONMENTAL PROTECTION DIVISION, DEPARTMENT OF NATURAL RESOURCES OF THE STATE OF GEORGIA (“EPD”) AND TO AUTHORIZE PAYMENT PURSUANT TO THE CONSENT ORDER IN THE AMOUNT OF THREE HUNDRED SEVENTY-EIGHT THOUSAND, ONE HUNDRED THIRTY-SIX DOLLARS AND ZERO CENTS ($378,136.00) TO RESOLVE PERMIT COMPLIANCE VIOLATIONS, INCLUDING UNPERMITTED DISCHARGES, EFFLUENT PERMIT LIMIT EXCEEDANCES AND MAJOR SPILLS, FROM JANUARY 2009 THROUGH AUGUST 2015; AND FOR OTHER PURPOSES.

Information

Department:Watershed ManagementSponsors:
Category:City UtilitiesFunctions:Law - Patrick McShane

Attachments

  1. Printout
  2. EPD BLUE BACK ELMS
  3. EPD ELMS
  4. Exh A - Consolidated NPDES Consent Order
  5. 16-R-3533 (Condition Form) (This file has not yet been converted to a viewable format)
  6. 16r3533

Body

WHEREAS, the City of Atlanta (“City”) owns and operates its Water Reclamation Centers (R. M. Clayton Water Reclamation Center (“WRC”), Utoy Creek WRC, and South River WRC), its West Area Combined Sewer System (Clear Creek Combined Sewage Control Facility (“CSCF”), North Avenue CSCF, Tanyard Creek CSCF, and West Area Water Quality Control Facility (“WQCF”)), and its East Area Combined Sewer System (Custer Avenue CSCF and East Area (Intrenchment Creek) WQCF) (collectively, “Facilities”); and

 

WHEREAS, the operation of the Facilities is subject to the provisions of the Georgia Water Quality Act, O.C.G.A. Section 12-5-20, et seq. (“Act”); and

 

WHEREAS, the EPD Director has issued National Pollutant Discharge Elimination System (“NPDES”) Permit Nos. GA0039012, GA0038644, and GA0037168 (“Permits”) to authorize the City to discharge treated effluent from its Facilities in accordance with the effluent limitations, monitoring requirements and other conditions set forth in the Permits; and

 

WHERAS, from January 2009 through August 2015 the City experienced permit compliance violations, including unpermitted discharges, effluent permit limit exceedances, major spills, and other permit violations; and

 

WHEREAS, from August 2010 through August 2015, the City experienced thirty four (34) unpermitted discharges; and

 

WHEREAS, from November 2010 through August 2015, the City experienced one hundred thirty one (131) effluent limit violations; and

 

WHEREAS, from January 2009 through August 2015, the City experienced thirty seven (37) permit violations; and

 

WHEREAS, on October 20, 2011, the City experienced one (1) fish kill; and

 

WHEREAS, from August 2010 through August 2015, the City experienced fifteen (15) major outfall spills; and

 

WHEREAS, the Act states that any person violating any provision of the Act or any permit condition or limitation established pursuant to the Act shall be liable to the State for a civil penalty not to exceed $50,000 per day for each day during which such violation continues; and

 

WHEREAS, the Act allows the EPD Director to issue orders as may be necessary to bring about the reduction or elimination of pollution to the waters of the State; and

 

WHEREAS, the City and the EPD wish to cooperate fully to resolve the City’s alleged violations of the Act and the Permits, and to ensure future compliance; and

 

WHEREAS, the City and the EPD wish to enter into a Consent Order solely for the purpose of resolving and disposing of the allegations set forth therein; and

 

WHEREAS, the payment to EPD does not constitute a finding, adjudication, or evidence of a violation of any State law by the City, nor does the City, by its consent, agree to any violation of State laws or admit any liability to any third party or parties.

 

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY RESOLVES, that the Mayor, or his authorized designee, is authorized to execute a Consent Order with EPD that substantially conforms to the Consent Order attached as Exhibit A;

 

BE IT FURTHER RESOLVED, that the Chief Financial Officer is authorized to issue payment in the amount of Three Hundred Seventy-Eight Thousand, One Hundred Thirty-Six Dollars and Zero Cents ($378,136.00) to the State of Georgia to resolve the alleged violations pursuant to the Consent Order; 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.

 

 


 

Meeting History

May 10, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft

On Condition Councilmember Shook voted Nay

RESULT:FORWARDED W/NO RECOMMENDATION
May 16, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

Vice-Chairperson Shook sounded the caption to Resolution 16-R-3533 and stated the item was forwarded with No Recommendation from committee. As prerogative as Vice-Chair, Mr. Shook made a Motion to Adopt. It was Seconded by Councilmember Wan and the Motion CARRIED by a roll call vote of 13 yeas; 0 nays.

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

RESULT:ADOPTED [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