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