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    Our Goal: To improve the livability of Florence through public education and community involvement.
     

    CITY OF FLORENCE AGREEMENT WITH DEQ

    Before the Environmental Quality Commission of the State of Oregon

    In the Matter of City of Florence

     

     
     
     

    Mutual Agreement and Order No. WQMW-WR-96-056 Lane County
     

    1. On July 14, 1992, the Department of Environmental Quality (Department or DEQ) issued a National Pollutant Discharge Elimination System (NPDES) Permit Number 100934 (Permit) to the City of Florence (Permittee). The Permit authorizes the Permittee to construct, install, modify or operate wastewater collection, treatment, control and disposal facilities and discharge adequately treated wastewater into the Siuslaw River, waters of the state, in conformance with the requirements, limitations and conditions set forth in the Permit. The Permit expires on July 31, 1997.
    2. Condition 1 of Schedule A of the Permit specifies certain wastewater discharge limits for the Permittees facilities. During the time period the Permit has been in effect, the Permittee has not consistently met these discharge limits and probably cannot meet them in the future if the treatment facilities and collection system remain unchanged.
    3. On January 2, 1996, the Department issued a Notice of Noncompliance (NON) notifying the Permittee of violations of the Permit. The following violation was cited: a. Exceeding concentration and mass load limits for Total Suspended Solids (TSS) and the fecal coliform limit. This occurred during a period of heavy rainfall which resulted in sewage bypassing treatment and raw sewage overflows from the Ivy Street pump station. Violations were documented on December 10, 29 and 30, 1995, and from February 6-29, 1996.
    4. The Permittee’s wastewater treatment facility (WWTF) has an average dry weather design flow of 0.75 million gallons per day (MGD). During periods of precipitation, the wastewater collection system receives large amounts of inflow and infiltration (I/I), mostly in the form of infiltration. During these events, flows to the WWTF are typically above 0.9 MGD and have reached over 1.5 MGD with instantaneous peak flows of 2.5 MGD. These excessive flows result in raw sewage overflows from the Ivy Street pump station, washout of solids from the clarifier, and insufficient detention time of wastewater in the chlorine contact chamber.
    5. The WWTF has reached and/or exceeded its hydraulic capacity resulting in the circumstances described in Paragraph 4. The City of Florence is experiencing rapid growth, and any additional connections will increase the hydraulic loading to the WWTF and will likely result in additional violations of the Permit limits and water quality standards in the receiving stream.
    6. The Permittee has in the past requested permission to land apply biosolids from the anaerobic digester during periods when runoff from the land application site may occur which is in violation of Permittee’s approved sludge management plan required by OAR Chapter 340, Division 50. These requests are made as a result of insufficient storage capacity in the digester. This lack of capacity also causes process control problems with regard to insufficient wasting of solids from the clarifier. The current biosolids handling facilities do not provide enough residence time and are likely inadequate to meet the requirements of 40 CFR 503 and therefore, until an upgrade to the facilities is completed, the requirements may be violated.
    7. In accordance with OAR 340-41-445, toxic substances shall not be introduced into waters of the state that exceed in-stream numerical standards or will adversely affect beneficial uses. The Permittee uses chlorine, which is a toxic substance, to disinfect wastewater. The chlorine standard may be exceeded outside the Permittee’s mixing zone in the Siuslaw River. Prior to Department approval of any proposed treatment and disposal alternatives, the Permittee will be required to demonstrate that the proposed facilities will meet all discharge standards and will not violate in-stream water quality standards including the chlorine toxicity standard.
    8. The Department and the Permittee recognize that until the sewerage facilities are upgraded and the Permittee completes the actions required in this MAO, the Permittee will continue, at times, to violate the effluent limitations of the Permit. The Permittee will also continue to bypass and/or overflow raw or partially treated sewage to the receiving stream.
    9. The Permittee is presently capable of treating its effluent so as to meet the following interim effluent limitations unless influent flows are above the design flow of 0.75 MGD in which case sewage may bypass partial treatment and there may be overflows from the Ivy Street pump station:
    Outfall Number 001
    A. (1) Year Round Parameter
    Parameter
    BODs
    TSS
    Average Effluent Concentrations - Monthly
    30
    30
    Average Effluent Concentrations - Weekly
    45
    45
    Effluent Loadings - Monthly Average lb/day
    188
    188
    Effluent Loadings - Weekly Average lb/day
    281
    281
    Effluent Loadings - Daily Maximum lbs
    376
    376
    B. During those times when the daily flow exceeds 0.75 MGD, the daily maximum Biochemical Oxygen Demand (BOD) and TSS mass load limitations shall not apply. The WWTF shall be operated as effectively as possible during those times. Also, during those occurrences, the BOD/TSS concentration values obtained for that day will not be used in calculating the monthly average or weekly average effluent concentrations or BOD and TSS percent removal efficiency, and the daily maximum mass load value obtained for that day will not be used for calculating the monthly average or weekly average effluent mass loadings. The fecal coliform colonies per 100 milliliters (ml) results obtained for that day will not be used in calculating the monthly geometric mean or weekly geometric mean.
    C. During those times when flows to the Ivy Street pump station exceed 1.0 MGD, overflows of raw sewage will be allowed from the pump station into the Siuslaw River in accordance with the Notification and Response Plan and requirements referred to in Paragraph 11.A(1) and 11.A(2).
    10. The Department and Permittee further recognize that the Environmental Quality Commission has the power to impose a civil penalty and to issue an abatement order for violations of conditions of the Permit. Therefore, pursuant to ORS 183.415(5), the Department and Permittee wish to resolve the past and future violations referred to in Paragraphs 2-8 by this MAO. This MAO is not intended to limit, in any way, the Department’s right to proceed against Permittee in any forum for any past or future violations not expressly settled herein.
    NOW THEREFORE, it is stipulated and agreed that:
    11. The Environmental Quality Commission shall issue a final order: A. Requiring Permittee to comply with the following schedule:
    (1) By no later than 30 days after this MAO is signed, the City shall post a sign at the location of the Ivy Street pump station outfall informing the public that raw sewage overflows occasionally occur into the Siuslaw River at that point during the winter. The sign shall remain posted until the City achieves compliance with the Permit.
    (2) By no later than 90 days after this MAO is signed, the Permittee shall submit to DEQ for approval a draft Notification and Response Plan describing procedures for notification of the Department and the public for overflows, bypasses and other plant malfunctions. Within 30 days of receiving DEQ comments on the draft, the Permittee shall submit the final Notification underspins Plan for approval. The Permittee shall implement the Plan upon approval. The Plan should include procedures for notifying the public during periods when untreated sewage is discharged. At a minimum, this shall include notifying local radio stations and the nearest newspaper with general circulation of the amount of days that raw sewage was bypassed each month and the gallonage on each day. It shall also contain provisions for posting of the Ivy Street Pump Station, and the overflow location on the Siuslaw River. Sample collection procedures upstream and downstream of the overflow point and sewage treatment plant shall be outlined.
    (3) By no later than 3 (three) months after this MAO is signed, Permittee shall retain a consultant to prepare the proposed draft facilities plan report (FPR) for wastewater treatment plant upgrades.
    (4) By no later than 9 (nine) months after retaining a consultant, Permittee shall submit a draft facilities plan (FPR) report for upgrading the existing WWTF. The FPR should include an evaluation of sewage collection, treatment and disposal system alternatives for complying with minimum federal secondary treatment standards; all appropriate surface water quality standards, (as specified in OAR Chapter 340, Division 41, Table 20); DEQ minimum design criteria, (as specified in OAR 340-41-455(1)(a); groundwater quality protection regulations, (as specified in OAR 340-40-030); and applicable biosolids regulations listed in 40 CFR 503, and OAR Chapter 340, Division 50. The FPR shall include an evaluation of the mixing zone to demonstrate that all permit limits and water quality standards can be met at the existing outfall location. The evaluation of alternatives shall also include a cost-effective I/I analysis.
    (5) By no later than 3 (three) months after the Department provides written comments on the draft FPR, the Permittee shall submit an approvable final FPR.
    (6) By no later than 6 (six) months following Department approval of the FPR., Permittee shall submit a preliminary design report.
    (7) By no later than 6 (six) months after Department approval of the preliminary design report, the Permittee shall submit for DEQ approval draft Plans and Specifications for upgrading/expanding the WWTF and/or completion of all cost-effective I/I work identified in the approved FPR.
    (8) By no later than 3 (three) months after Department provides written comments on the plans and specifications, Permittee shall submit approvable engineering plans and specifications for construction of necessary improvements.
    (9) By no later than 6 (six) months after approval of the plans and specifications, Permittee shall award construction contracts for completion of necessary improvements.
    (10) By no later than 16 (sixteen) months following award of the construction contract, the Permittee shall complete the necessary upgrades/expansions to the WWTF and any required work on the collection system.
    (11) By no later than 3 (three) months after completion of facility upgrades, the Permittee shall attain operational level to comply with all established Permit waste discharge limitations and all water quality standards. B. Requiring Permittee to meet the interim effluent limitations set forth in Paragraph 9.A above until completion of necessary corrective actions as required by the schedule specified in Paragraph 11.A. The WWTF shall be operated as effectively as practicable to minimize the discharge of pollutants.
    C. Requiring Permittee, upon receipt of a written notice from the Department for any violations of the MAO, to pay the following civil penalties:
    (1) $250 for each day of violation of the compliance schedule referred to in Paragraph 11.A.
    (2) $500 for each violation of an interim monthly average waste discharge limitation set forth in Paragraph 11.B.
    (3) $100 for each violation of each interim weekly average or daily maximum waste discharge limit set forth in Paragraph 11.B and any other condition of this MAO.
    12. If any event occurs that is beyond Permittee’s reasonable control and that causes or may cause a delay or deviation in performance of the requirements of this MAO, Permittee shall immediately notify the Department verbally of the cause of delay or deviation and its anticipated duration, the measures that have been or will be taken to prevent or minimize the delay or deviation, and the timetable by which Permittee proposes to carry out such measures. Permittee shall confirm in writing this information within five (5) working days of the onset of the event. It is Permittee’s responsibility in the written notification to demonstrate to the Department’s satisfaction that the delay or deviation has been or will be caused by circumstances beyond the control and despite due diligence of Permittee. If Permittee so demonstrates, the Department shall extend times of performance of related activities under this MAO as appropriate. Circumstances or events beyond Permittee’s control include, but are not limited to acts of nature, unforeseen strike,s work stoppages, fires, explosion, riot, sabotage, or war. Increased cost of performance or consultant’s failure to provide timely reports may not be considered circumstances beyond Permittee’s control.
    13. Regarding the violations set forth in Paragraphs 2-8 above, which are expressly settled herein without penalty, Permittee and the Department hereby waive any and all of their rights to any and all notices, hearing, judicial review, and to service of a copy of the final MAO herein. The Department reserves the right to enforce this MAO through appropriate administrative and judicial proceedings.
    14. The terms of this MAO may be amended by the mutual agreement of the Department and Permittee.
    15. The Department and Permittee may mutually agree to amend the compliance schedule and conditions of this MAO upon finding that such modification is necessary because of changed circumstances or to protect the public health and environment. The Department may amend the compliance schedule and or conditions of the MAO upon the Permittee’s repeated failure or refusal to comply with the terms and conditions of the MAO. The Department shall provide the Permittee a minimum of thirty days written notice prior to issuing an Amended Order modifying any compliance schedules or conditions. If the Permittee contests the Amended Order, the applicable procedures for conduct of contested cases in such matters shall apply.
    16. This MAO shall be binding on the parties and their respective successors, agents, and assigns. The undersigned representative of each party certifies that he or she is fully authorized to execute and bind such party to this MAO. No change in ownership or corporate or partnership status relating to the facility shall in any way alter Permittee’s obligations under this MAO, unless otherwise approved in writing by DEQ.
    17. Unless otherwise directed in writing by the Department, all reports, notices and other communications required under or relating to this MAO should be directed to Julie Berndt, DEQ Western Regional Office, 1102 Lincoln Street, Eugene, Oregon 97401; phone number (503) 686-7838 ext. 234. Permittee contact is Rick Mumpower, PO Box 340, Florence, Oregon 97439; phone number (503) 997-2611.
    18. Permittee acknowledges that it has actual notice of the contents and requirements of the MAO and that failure to fulfill any of the requirements hereof would constitute a violation of this MAO and subject Permittee to payment of civil penalties pursuant to Paragraph 11.C. above.
    19. Any stipulated civil penalty imposed pursuant to Paragraph 11.C. shall be due upon written demand. Stipulated civil penalties shall be paid by check or money order made payable to the “Oregon State Treasurer” and sent to: Business Office, Department of Environmental Quality, 811 S.W. Sixth Avenue, Portland, Oregon 97204. Within 21 days of receipt of a “Demand for Payment of Stipulated Civil Penalty” Notice from the Department, Permittee may request a hearing to contest the Demand Notice. At any such hearing, the issue shall be limited to Permittee’s compliance or non-compliance with this MAO. The amount of each stipulated civil penalty for each violation and/or day of violation is established in advance by this MAO and shall not be a contestable issue.
    20. Providing Permittee has paid in full all stipulated civil penalties pursuant to Paragraph 19 above, this MAO shall terminate 60 days after Permittee demonstrates full compliance with the requirements of the schedule set forth in Paragraph 11.A. above.
      Signed: 4/2/96 Kenneth D. Hobson, City Manager, City of Florence
      Signed: 4/9/96 Langdon Marsh, Director, Department of Environmental Quality
    It is so ordered: Environmental Quality Commission
    Signed: 4/9/96 Langdon Marsh, Director, Department of Environmental Quality, Pursuant to OAR 340-11-136(1)

  • 3/29/99 - Clean Water Act Lawsuit Settlement
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  • Cost of New Plant
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  • 1/27/99 - City Agrees to Settle
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  • Past Sewage Spills
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  • October 1998 OSCC Article
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  • 1999 Coliform Testing in Siuslaw River
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  • 10/9/98 EPA Affidavit for Search Warrant
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  • 5/6/99 Sewage Spill
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  • 9/2/98 Treatment Plant Lawsuit memo
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  • 8/14/98 Exerpts - Filed in Court
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  • 8/27/98 City's Response to Moratorium Threat
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  • 7/6/98 City Response to CFF Questions
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  • 10/97 Clean Water Act Lawsuit against Florence
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  • News Archives
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  • 4/9/96 - DEQ Agreement and Order
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    P.O. Box 1212
    Florence, Oregon 97439
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