City of Atlanta
Georgia

Resolution
18-R-4260
Adopted Substitute
Jul 1, 2019 1:00 PM

A RESOLUTION BY COUNCILMEMBER J.P. MATZIGKEIT AS SUBSTITUTED BY CITY UTILITIES COMMITTEE
TO AUTHORIZE PAYMENT OF A STIPULATED PENALTY 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 EIGHT THOUSAND, FIVE HUNDRED DOLLARS AND ZERO CENTS ($8,500.00) AS A STIPULATED PENALTY FOR FAILURE TO MAINTAIN ADEQUATE OPERATIONAL STANDARDS – EFFLUENT FECAL COLIFORM EXCEEDANCE AT THE TANYARD CREEK COMBINED SEWAGE CONTROL FACILITY ON APRIL 19, 2019; 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 Research and Policy AnalysisSponsors:Councilmember, District 8 J. P. Matzigkeit
Category:Personal PaperFunctions:None Required

Attachments

  1. Printout
  2. EXHIBIT A - Stipulated Penalties

Body

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

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;

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

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;

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 penalty and to pay the incident assessment to them.

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY RESOLVES, that the Chief Financial Officer is authorized to issue a check in the amount of Eight Thousand, Five Hundred Dollars and Zero Cents ($8,500.00) payable to the Treasurer, United States of America as a stipulated penalty 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 Tanyard Creek Combined Sewage Control Facility on April 19, 2019; and

BE IT FINALLY RESOLVED, that the said payment be chargeable to Fund Department Organization and Account Number 5051 (Water & Wastewater Revenue Fund) 170201 (DWM Wastewater Treatment & Collections) 5730009 (Penalties) 4310000 (Sanitary Administration) COA.

 

             

 

 

Meeting History

Oct 15, 2018 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Oct 23, 2018 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
MOVER:J. P. Matzigkeit, Chair
SECONDER:Howard Shook, District 7
AYES:J. P. Matzigkeit, Joyce M Sheperd, Howard Shook, Cleta Winslow
ABSENT:Michael Julian Bond, Carla Smith, Ivory Lee Young Jr.
Nov 5, 2018 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

MEMBERS PRESENT: MATZIGKEIT, SHEPERD, SHOOK, WINSLOW & BOND

RESULT:RETURNED AS HELD
Nov 13, 2018 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:J. P. Matzigkeit, Michael Julian Bond, Joyce M Sheperd, Howard Shook, Carla Smith, Cleta Winslow
ABSENT:Ivory Lee Young Jr.
Nov 19, 2018 1:00 PM  Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 27, 2018 9:30 AM  City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE [4 TO 0]
AYES:J. P. Matzigkeit, Howard Shook, Carla Smith, Cleta Winslow
ABSENT:Michael Julian Bond, Ivory Lee Young Jr.
AWAY:Joyce M Sheperd
Dec 3, 2018 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jan 7, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jan 15, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jan 22, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Feb 4, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Feb 12, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Feb 18, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Feb 26, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Mar 4, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Mar 12, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Mar 18, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Mar 26, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Apr 15, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Apr 23, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
May 6, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
May 14, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
May 20, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
May 28, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jun 3, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jun 11, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jun 17, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jun 25, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE ON SUBSTITUTE [UNANIMOUS]
MOVER:J. P. Matzigkeit, Chair
SECONDER:Michael Julian Bond, Post 1 At Large
AYES:J. P. Matzigkeit, Michael Julian Bond, Joyce M Sheperd, Howard Shook, Carla Smith, Cleta Winslow, Dustin Hillis
Jul 1, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 15 YEAS; 0 NAYS

RESULT:ADOPTED SUBSTITUTE [UNANIMOUS]
MOVER:Andrea L. Boone, Councilmember, District 10
SECONDER:Amir R Farokhi, Councilmember, District 2
AYES:Michael Julian Bond, Matt Westmoreland, Andre Dickens, Carla Smith, Amir R Farokhi, Antonio Brown, Cleta Winslow, Natalyn Mosby Archibong, Jennifer N. Ide, Howard Shook, J. P. Matzigkeit, Dustin Hillis, Andrea L. Boone, Marci Collier Overstreet, Joyce M Sheperd