City of Atlanta
Georgia

Resolution
15-R-4510
Adopted Substitute
Feb 1, 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 EXCEEDANCE OF AN OPERATIONAL STANDARD FOR TOTAL RESIDUAL CHLORINE AT THE WEST AREA WATER QUALITY CONTROL FACILITY ON OCTOBER 4, 2015; AND FAILURE TO MAINTAIN ADEQUATE OPERATION FOR DAILY MAXIMUM STANDARDS FOR FECAL COLIFORM AT THE TANYARD CREEK COMBINED SEWER CONTROL FACILITY ON NOVEMBER 2, 2015; 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 15-R-4510 (DWM Penalty) (This file has not yet been converted to a viewable format)
  4. 15r4510

Body

WHEREAS, the City of Atlanta (“City”) has experienced violations of Exceedance of an Operational Standard for Total Residual Chlorine and Failure to Maintain Adequate Operation for Daily Maximum Standards for Fecal Coliform 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, Paragraphs XI.D.1 and XI.D.4; and

 

WHEREAS, the Department of Watershed Management of the City does not dispute the fact these violations of Exceedance of an Operational Standard for Total Residual Chlorine and Failure to Maintain Adequate Operation for Daily Maximum Standards for Fecal Coliform, 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) 5750002 (Property/Liquidation) 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.

 

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 of Exceedance of an Operational Standard for Total Residual Chlorine at the West Area Water Control Facility on October 4, 2015 and Failure to Maintain Adequate Operation for Daily Maximum Standards for Fecal Coliform at Tanyard Creek Combined Sewer Control Facility on November 2, 2015.

 

Be it Finally RESOLVED that the said payments be chargeable to Account Number 5051 (Water & Wastewater Revenue Fund) 170201 (DWM Wastewater Treatment & Collections) 5750002 (Property/Liquidation) 4310000 (Sanitary Administration).

 

 

 

 

 

 

 

 

 

 

 

             

 

 

 

 

 

 

 

 

 

 

Exhibit A

             

 

The City is subject to stipulated penalties for violations of the CSO Consent Decree, Section XI.D.4. As follow:

 

Section XI.D.4 Exceedance of an Operational Standard for Total Residual Chlorine

 

Date

Facility

Violation

Penalty

10/04/2015

West Area Water Quality Control Facility

Exceedance of an Operational Standard for Total Residual Chlorine

$8,500.00

             

Comment/Condition:

 

The concentration of total residual chlorine (TRC) in the effluent samples collected at the West Area Water Quality Control Facility (WQCF) between 8:00 AM and 11:10 AM on October 4, 2015 exceeded the permitted limit of 0.10 mg/L as specified in the National Pollutant Discharge Elimination System (NPDES) permit.               

 

On October 4, 2015 at 9:25 AM, a power failure occurred at the West Area WQCF that affected some of the operational equipment, including the dechlorination chemical feed system. The exceedances occurred due to the loss power of the sodium bisulfate pump due to the power outage. The facility operator discovered a tripped breaker on the main motor control.  At 10:30 AM, the main breaker was reset, the circuit was re-energized, and power was restored to the downstream processes.  By 11:10 AM, the chlorine residuals in the effluent had returned to levels that were in compliance with the permit requirements.

 

During the outage, grab samples were collected at the effluent flume with the following TRCs:

 

TIME

TOTAL RESIDUAL CHLORINE

08:00 AM

0.00 mg/L

09:40 AM

0.52 mg/L

10:10 AM

0.72 mg/L

10:42 AM

1.40 mg/L

11:10 AM

0.02 mg/L

 

The City is subject to stipulated penalties for violations of the CSO Consent Decree, Section XI.D.1. As follows:

Section XI.D.1.

  

Date

Facility

Violation

Penalty

11/02/ 2015

Tanyard Creek Combined Sewer (CSCF)

Failure to maintain adequate Operation for Daily Maximum Standards for Fecal Coliform

$8,500.00

 

Note: The effluent fecal coliform bacteria sample collected on November 2, 2015 indicated a concentration of >60,000 CFU/100 mL which exceeded the November - April seasonal daily maximum limit of 4,000 colonies/100mL for the daily maximum.

Comment/Condition: 

The effluent fecal coliform bacteria sample collected on November 2, 2015 indicated a concentration of >60,000 CFU/100 mL which exceeded the November - April seasonal daily maximum limit of 4,000 colonies/100 mL for the daily maximum.  Operationally, the measured pre-treatment chlorine residual was 2.0 mg/L and the post-dechlorination chlorine residual was 0.00 mg/L, which was an indication that the disinfection system was working property.

However, while cleaning the sanitary sewer bar rack during the Tanyard Creek CSCF during the discharge event, the operator discovered that the disinfectant chemical feed pipe had separated at a point between the chemical feed flow control valves and the flow distribution manifold. Although the disinfectant was delivered to the combined sewage, as indicated by the pre-dechlorination samples, the location of the separation delivered the sodium hypochlorite only to one side of flume rather than across the flume, thereby preventing it from being properly distributed and mixed into the flow stream for treatment. Repairs to the separated 4-inch pipe were made immediately.

 

Meeting History

Dec 7, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Dec 15, 2015 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:Natalyn Mosby Archibong, Yolanda Adrean, Joyce M Sheperd, Howard Shook, Alex Wan
ABSENT:Ivory Lee Young Jr., Andre Dickens
Jan 4, 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, SHEPERD, SHOOK & WAN

RESULT:RETURNED AS HELD
Jan 12, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jan 19, 2016 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 26, 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, Howard Shook, Alex Wan, Joyce M Sheperd
ABSENT:Andre Dickens
Feb 1, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

RESULT:ADOPTED SUBSTITUTE [14 TO 0]
AYES:Michael Julian Bond, Mary Norwood, 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
AWAY:Kwanza Hall