Loading...
HomeMy WebLinkAbout1990-07-23 90-276 ORDERDate July 17, e1990 Item Na. 90-276 .Item/Subject: Order, Ratifying Position of City Staff Taken In Response to the United States Environmental Protection Agency's Responsible DetWater Act Section 308 Information Request city Manager Commentary: On June 21, 1990, the City received ived a request for infor- mation from U.S.E.P.A. under Section 308of the Clean Water Act. This information request (see attached) requested that the City complete a combined sewer overflow assessment report including a .plan for monitoring our CSO discharges and their effect on receiving waters. It also required a subsequent report outlining the results of the actual sampling and a continuing monitoring program. The request required that werespond within 14 days indicating whether or not we intend to comply with the request. Staff prepared and provided a response to EPA on July 5, 1990. This response was conditioned upon subsequent Council approval. It indicated that the City would comply with the request but did request that the deadline for reporting on the actual monitoring results be moved from July,. 1991 to December 31, 1991 in recogni- tion of the effect of orinter'Y on our ability to do water sampling. A copy of our response is attached. This response was reviewed at the study session of the Council held on July 10th andthe Council Members in attendance recommended to the full Council that staff's position be ratified. Me attached Order would accomplish this and we recommend n1eT1 xra✓ your approval. Manager's Comments: - swan e, Associated Information Order, Information Request, Response Budget Approval: -- -- TO be covered under separate items piss aDi ttmr Legal Approval: - ' YitY Saliaiwr Introduced For y - Passage EFlrst Reading - Page_ of ❑ Referral 90-276 NAgned b Cwumtlnr Saxl July 23, 1990 r' CITY OF BANGOR (TITLE.) (Drba, Hatifying Position of Citp.Sta£f Taken In Response to the United States Environmental Protection Agency's Clean Water Act Section 308 Information Request By as City Caused of W GtiW OfRssFw-- ORDERED. - THATWHEREAS, On June 21, 1990, the City of Bangor received a request for certain information from the United States Environmental Protection Agency under Section 308 of the Clean Water Act; and WHEREAS, This request required a, esponse within 19 days from its receipt by the City; and WHEREAS, The City Hanager provided such a response conditioned upon subsequent ratification of this response by the full Council; and WHEREAS, Staff's response has been subsequently reviewed at a study session of the full Council and has been recommended for ratification. NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, THAT; The City Council of The City of Bangor hereby ratifies and accepts the position taken by City Staff i sponse to the United State's Environmental Protection Agency's Clean Water Act Section 308 information Request Number 90-30B-37 a outlined i a letter from City Manager Edward A. Barrett to Hr8 David A. Fierra, Director, Water Management Division, U.S. Environmental Protection Agency Region 1 dated July 5, 1990, a copy of which is attached to and hereby made part of this order. 90-276 ORDER IN CITY COUNCIL. July 23, 1990 Title, Passed /J� y� Ratifying Position of City Staff (�'i/ C1TY SEM1(�MyM Takeo Iv Response to the United States Environmental Protection Agency's 'Eleev'RAter'AEY Se2tid"30 E':' fivn Request �eigaw to ....Cuvncilvan t. F 3"t1'4 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY _� P �V--f^--� REGION 6 Ty d J.F. KENNEDY FEDERAL BUILDING. BOSTON, MASSACHUSETTS WMI-3311 - �� 1 >:r � UY JUN 21 19GO CERTIFI Gr{ 14ANAGf7'S OFFICE Tune 19, 1990 Ralph E. Mishou, Superintendent Wastewater Treatment City of Bangor Lower Main Street Bangor, ME 04401 Edward Barrett, City Manager City Hall 73 Harlow Street Bangor, ME 04401 Re:- Clean Water Act Section 308 Information Request No. 90-308-37 Dear Sirs: Section 308 Of the Clean Water Act (the "Act'), 33 U.S.C. § 1318, authorizes the U. S. Environmental Protection Agency ("EPA") to require owners or operators of point sources, such as the City of Bangor, Maine ("Bangor" or the "City") to provide such information as EPA may reasonably require in order to carry out the objective of the Act, including determining whether any person is in violation of any effluent limitation, or other limitation, prohibition or effluent standard, pretreatment standard, or standard of performance. Under Section 708 of the Act, EPA may require the owner or operator to, among other things: make reports; install, u and maintain monitoring equipment o methods (including where appropriate, biological monitoring methods); and sample effluents (in accordance with such methods, at such locations, at such intervals, and in such manner as EPA shall prescribe). In order to determine whether Bangor's combinedsewer overflows ("CSO,") are in full compliance with the terms and conditions of its National Pollutant Discharge Elimination System ("NPDES") permit and the requirements of the Act, Bangor is hereby required, pursuant to EPA's authority under Section 308 of the Act, to submit the following information in accordance with the .114 schedule set forth below: atl• 90-2]6 -2- 1. On or before November 1, 1990, Bangor shall complete an assessment of its sewer system and CSOS and shall submit a CSO Assessment Report to EPA and the State for review and approval. Such report shall contain: a. An up-to-date map of the as -built sewerage system, including recent modifications and showing planned future, modifications; b. The latitude/longitude of, or other specific locational information for, all wastewater or stormwater discharge locations within the City or immediately upstream or downstream of the City, on either side of the Renduskeag Stream and the Penobscot River, including CSO structures, stormwater outfalls, industrial discharges, and discharges from neighboring communities; c. A detailed description of the drainage area of each CSO on Bangor's sewer system, including the size of the drainage area, topography„ population and residential density, average daily volume of water use and/or average daily sewage flow, and all significant industrial, commercial, and the land uses that are likely to affect runoff or wastewater quality; d. A description and map of receiving waters, indicating the existing, designated, and expected future aquatic and wildlife habitat, recreational, and commercial uses of such receiving waters; and a. A characterization of historic water use impairments caused in whole or in part by Bangor's CSOs. 2. The CSO Assessment Report shall also include a plan for monitoring to evaluate the frequency, volume, pollutant loads, and impacts of Bangor's CSO discharges and to provide data for prioritizing projects to abate such discharges. This CSO Monitoring Plan shall have three components, each described more fully below: monitoring of the CSO discharge volumes and durations; monitoring of the pollutant loads in CSO discharges; and receiving water monitoring. a. CSO Discharge volumes and Durations: The CSO Monitoring Plan shall specify the measurement surement points and sampling protocol for a monitoring program to assess the flow volumes and flow durations of Bangor's CBO discharges. If fewer than all CSOS are to be sampled, the Plan shall include a demonstration that the CSO sampling points selected are representative of the overall sewer system. Sampling shall 90-2)6 -3- be performed during dry periods and during ate= events of a sufficient range of intensities and durations to characterize CSO discharges in all foreseeable conditions. b. Pollutant Loads: The CSO Monitoring Plan shall specify the measurement points and sampling protocol (including the parameters for which samples are to be analyzed) for a monitoring program to define the pollutant loads from CSOs during varying rainfall and dry weather conditions. If fewer than all CSOs are to be sampled, the Plan shall include a demonstration that the CSO sampling points selected are representative of the overall sewer system. This monitoring program shall also conform to the following: (i) Sampling shall be performed during dry periods and during storm events of a sufficient range of intensities and durations to characterize CSO discharges in all foreseeable conditions; (ii) In each storm event selected for sampling, sampling must be performed during the "first flush" and at consistent intervals (or continuously) during sustained flow; (111) Priority should be given to sampling those CSOs that function first during storm events, that frequently discharge high volumes, or that are believed to impair or threaten impairment of water uses; and (iv) Observations of the aesthetica of the receiving water near the sampling locations (floatables, debris, scum, oil and grease, odor, etc.) shall be made at the time of sampling. c. Receiving Water Sampling: The CSO Monitoring Plan shall specify the measurement points and sampling protocol (including the parameters for which samples are to be analyzed) for a monitoring program to define the impacts of Bangor's CSOs on instream water quality and uses and to provide a basis for predicting the effects of sewer rehabilitation and separation projects on CSO discharges and on the receiving waters. 3. On or before July 1, 1991, Bangor shall complete the monitoring of at least the CSO flow volumes and flow durations and pollutant loads and shall submit a report of the results of such monitoring to EPA and the State for review and approval. This Monitoring Report shall include summaries of all sampling data and a discussion of any deviations from the approved monitoring plans. The Monitoring Report shall also include an evaluation of the CSO system in dry weather and a variety of storm conditions, through use of a sewer system model or other 90-276 -4- means of predictive analysis. If the receiving water monitoring results are not included in the initial Monitoring Report, Bangor shall submit those results to EPA as s they are available but in no event later than December1, 1991. 4. On or before January 30, 1991, Bangor Shall Submit to EPA and the State for review and approval a plan for regular monitoring of its CSO discharges and the waters receiving those discharges in order to assess whether Bangor is in compliance with the requirements of its NPDES permit applicable to CRON and the Act. Upon approval of such compliance monitoring plan, Bangor shall commence and thereafter continue implementation of the compliance monitoring plan. 5. Within fourteen (14) days of its receipt of this letter, Bangor shall submit to EPA all monitoring data, reports, and other information relating to its CSO discharges which have been prepared by or for the City subsequent to the November, 1988 Sewer System Evaluation Final Report. 6. Bangor shall also provide EPA with copies of all monitoring data, reports and other documents which the City is required to submit to the State under the terms of the June 29, 1987 Order entered in State of Maine v. City of Bangor, Docket No. CV -87- 281, within the timeframes set forth in such Order. 7. Within fourteen (14) days of its receipt of this letter, Bangor shall submit in writing to EPA a statement as to whether or not it intends to comply with the requirements set forth in this letter. The above requested information shall be sent to the following persons at the addresses below: David A. Pierre, Director Water Management Division U.S. Environmental Protection Agency JFK Federal Building Boston, MA 02203-2211 Attn: Mark Robertson (WCC -2103) Maine Department of Environmental Protection Station No. 17, State House Augusta, ME 04333 Attn: Dennis Merrill Failure to comply with this information request constitutes a violation of the Act and may result in federal enforcement against Bangor under Section 309 of the Act, 33 U.S.C. § 1319, in which injunctive relief and/or penalties may be sought. 90-2)6 _5- If you have any questions concerning this request, please contact Mark Robertson of my staff at (619) 565-1499. Sincerely, David MA.a Agement Director Management nagement Division CC: Daniel B. BOXer, PASABSL Daniel W. Emery, PASAS&L William B. Brighton, DOJ Ionia D. BandroWiCa, EPA Mark Robertson, EPA Jon Edwards, ME AG Dennis Merrill, ME DEP TY CIOF 90-276 v: MAINE7M3GMARLOW STM BA O� MMMS 401 EXECUTIVE DEPARTMENT res. aoamsmm Etlwatl A. Barmt, Manage July 5, 1990 Mr. David A. Fie , Direcwr CERPINNIED i Water..___galerrc Division RE1NIIi REMEM REQIGS'1'ID -U.S. shv� pwwction Agency J.F.A. Elrieral O diW ms , lassaohusatts 02203-2211 Atte: Nark imberwon (W 2103) Re: City of Ba yr-Sa:tiat 308 In£osation FBqu . Dear Mr. Fiera: 2hia will respael w your infoeation request dated June 19, 1990. '81e respowes in this latter o tiww of Bnpvs city notagment and engine°<itg staff W are conthxg t upon approval by the City Co u. With a v ciplity, of Dose, such cm:Iiitrtenis :wet L approved by the governing body. City CamN:fl ilex rot y t tad en opportwity w wnsider t m requests; haauar, rra anticipaw they will to azraidenai at a neetL on July 10, 1990. Bat¢Ar is pxelaral w oaglew the follaf ng (:md:ered paragraphs msespM w the f�omrtion xeQwatJ. 1. Cn or Wa Uwarber 1, 1990, Bangor shall. �lew an �t of its se�a3 systau and Cis aM shall suMit a CSD Psses�ent ReprY w EPA aid ths Stave for rcwian aM approval.. Such m1zaY shall cvnKaln: a. An up-to-0at vap of ate as-b:ilt se..ecage syetml, i lnd=q zecmt vodificatlrne std sbo Mg pianmed fvtu vodi£watimis; b. 1fie latitude/longitude of, or other sps fic locational infonvtion for, all vsstewat¢ or swma discharge locations within the City 'or 1mI iiately upstream or �trean of tl�e City, ort eith side of rile Norsk g St and the > t River, ircludirg CSO stwatuj ewmsm outfalls, irduatrial nt��, aid discharges S neighboring mnwnities; i4. Oavid A. Fiera C 90-216 Scaly 51 1990 Page 2 C. A detailed descriptfmn of the draimp area of each CSh on Bangor's seer systm, including the size of the drainage area, topography, pr puIation and xesi tial density, average daily lure of water use and/or average daily sewage flow, arca all Significant industrial, ca marcial, and lard uses that are likely to affect ruroff er wastewater quality; d. A descriPtion aid map of rncefviog Wates, indicating the existing, 2eaigoate 3 and expected future aquatic and wildlife hahttat, rxrsational, ani commercial uses of such receiving waters; e. A charectsrivatfon of historic water use hnFairments caused in whole or in Fart by Bangor's MS. 2. Ibe CSD %aessment mpa t shall also include a Plan for armitefng to evaluate the frequency, vobme, pollutant loads, and Inverts of Bampr's CSO ciLacharges a to Prrc+ida data for prioritizing pmjects to abate such discharges. 'Bins M r loorL Plan shall have throe �tO, each desadbm vrxe fully below: nrmitnring of the L discharge volumes and oo atiow; ronitoring of the pollutant loads in CBO 1s harg s; and receiving water sceitoring. a. OPO Discharve Volumes and Ps t1 : 'doe 60luni.mring Plan shall specify polrc and smpiing pmtocel for a n torLg program to assess the flow volumes and flaw durations of Bangor's C dischanps. If fa than all LBOs are to 1» smpled, the Plan shall include a that C.9J samplig points eeiectai am representative of the overall serer systvn. Sagolicg shall be pecfor a dying tha dry FeriWs and dying stoao events of a sufficient range of intensities and dratias to r acterize G inch• s in all foreseeable coritlons. b. Pollutant loads: 79a = innftnrirg Plan shall specify the m:asurement points ad sampling pxoVxol (including tie pararerers for which samples are to be a adrz ) for a ncmturing pxoqran to define the pollutant lands fron Oros drug caxzying rainfall and dry weather conditions. if fewer than all (SCS are to he sa ple i, the Plan shall includa a demonstration that the CSO Sampling points Selected are of the Overall seer system. ainfa mm�dtoring Fuo9xam shall also caSonn to the following: (i) SampUng shall be pexlkm during dry periods and ding storm events of a sufficient xa ga of intensities and durations to characterize 6 discharge in all £oraaaeable cxsditimns; (it) In each storm eent selected for sangling, samplirg nwst to pesfomed during tie 'first flush" and at consistent mtavals (or contlucusly) during susta.ir i flaw; 90-a>c Mr. David A. Fiera .Fogy 5, 1990 Page 3 (M) Priority SM to given w Sampling those C9 that function first during stow swot„ that fxs nuy discha high wlunes,or drat are believal to iog or th ten ivpatnnent of water uses; and (iv) IHeervations of die aesthetics of the r iving water n the sampling locations (flmtables, debris, oii and 9xease,otlor, etc.) sha11 be made at the tfae of smgling. . C. ] ivina Wot Saenlinc: Tie CSV Monitorial Plan sha11 i milling protom (including Uma pssmrefets for Whit smples are to ffi analysed) for moitoring progran to define the iwpu of Bangor's C� on int water quality ani uses ani to provide a Geis for pmdictLag the effa of serer rehabilitation ar separatim projwota on = dywhar a and on the receiving waters. With respect to itm 3, Ba or intends m m the work xe�gsrel. '➢e City plus to hire a consulting firm to PerYono the Work an l prepare the report. 'lie City is concrsied, irxevaz, that the .Tray 1, 1991 date mry W ton early to hero a coag ix a ab amvmte report cmple . aha City would proposed submitting for }cis review and aptrwal a scletvle for meeting the ._;,;.ter= of. It 3. Such scledvle would De prepared by the consultant to � higl a wtN ivmcrvetiore to expmfte dds xep= to the greatest extent practicable given the oaqv.a,e of a acy arca capletoness. Given the ivgatmce of this report, the City of Bangor feels tte quality of the wo=e to to p wide; is as deponent, if not vrore so, L an expalitei daadlv�a. Since actual smgling const beg until the vcnitoring Plan has Coen cmplet and, we assume apprz ,the NrveiSnl.' ]rK deadline for suk sion of the CSO Asses t Fepart puts ua into the w1nT¢z season. Given Bug's climate, s 1g caneot be conducted during Ne winter months. F evmple, the State of Maine xag.a:ea nater quality singling to be done betwsen May 15 ant Septmher 15. To De effst , our singling vmvst cover spring srczv-vmlt, dry periods which occ= daring the suture[, ml inte;r^a rain stnme which priserily oleo occur during the sun . m be � and replete, vs feel s ling will ba xegulmi through Augur of 1991. Following this, ccm ater oo Hiiog and analysis will be requital we untold, therefore, estimate that a cmpleted prod t would ha available by veru 31, 1991. a City would, }a sunt, is amenable to the earlier date 1'ou here suggested If you v d to willing to accept a repo Caste on sapling Perfumed under mare limited flow and w±ather conditions. mho City weld also be willing to subidt interim reports w dey teams available £xm the consulting fine to b=_ retained for this purpose. C� 90-R)6 Mr. Q ld A. Flea July 5, 1990 Pate 4 4. On or tefom Jamnazy 30, 1991, Bangor shell sdadt to EPA ai the State for revfee ai appcnval a plan for rogulat nmitorixg of 1tr CSO disciwtges ai the asters receivi, thus dtschetges in order to assess odietb^ Bang is in c®plf with the +OT� of its !SOPS permit applicable to rS ai the Act. [ipcn approval of such crnpltarca ncnit ing Plan, Fa pr sha11 come,-_ mi � continua iapla tat of the oa�lia n tori plan. 5. PursBant W y itea Mvobex 5, the irdbwation request is being fot;srda] to yw vier eeiwrate cover. 6. Pursuant to your n1. ilmbec 6, tie xegoe tsl in£oarW P has all been p tion r to BPA pegion 1. 11ne City inte:sia m mntimte to paovia the Region one xet0lCxsl a our Foes t Daae with tie State of AHire to EPA Region Ore as it Isola available. f light of cc volume of vatexiel in queatlon, mould you please iiioate if you desfm copies of sseoe in additiml To tix>ee alresiy pxovidi. Please let rte inion if you Mw any gws� e t the alrne. Sine sly ycvm, FdvN A. Barrett City M� EWJ& cc: mea Enaxy �n Bomx