HomeMy WebLinkAbout6561RESOLUTION NO. 6561
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT
BETWEEN THE CITY OF PUEBLO AND WATER QUALITY
CONTROL DIVISION OF THE COLORADO DEPARTMENT
OF HEALTH AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The Settlement Agreement between the Water Quality Control
Division of the Colorado Department of Health and the City of
Pueblo, a true copy of which is attached hereto, having been approved
as to form by the City Attorney, be and hereby is approved.
SECTION 2.
The City Manager is hereby authorized and directed to execute
said Settlement Agreement for and on behalf of the City of Pueblo.
INTRODUCED May 29, 1990
BY KFNNFTH H NTFR
Councilperson
ATTEST: APPROV
C ' BY
C ty Clerk Pr ident of the City Council
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JUAN 1,9
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BEFORE THE DEPARTMENT OF HEALTH
DIVISION OF ADMINISTRATION
STATE OF COLORADO
SETTLEMENT AGREEMENT
IN THE MATTER OF: THE CITY OF PUEBLO
WASTE WATER TREATMENT FACILITY
PERMIT NO. CO- 0026646
PUEBLO COUNTY, COLORADO
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The Water Quality Control Division of the Colorado Depart-
ment of Health by its Director, J. David Holm, and the City of
Pueblo, hereby agree and state as follows:
1. The Water Quality Control Division (the "Division "),
a section within the Colorado Department of Health, (the "Depart-
ment") has statutory responsibility pursuant to SS 25 -8 -301
through 308, C.R.S. to enforce the provisions of the Water Qual-
ity Control Act, SS 25 -8 -101 through 703, C.R.S. ( "Act ").
2. The City of Pueblo ( "Pueblo ") owns and operates a
wastewater treatment plant (the "plant ") located in the Northeast
1/4 of Section 5, Township 21 South, Range 64 West, Pueblo
County, State of Colorado.
3. The plant is the subject of Colorado Discharge Permit
System, permit number CO- 0026646 (the "permit ").
4. On March 18, 1988, the Division issued a Notice of
Violation ( "Notice ") and Cease and Desist Order ( "Order ") to the
City for alleged violations of the construction schedule con-
tained in the permit which was in effect January 7, 1983 through
June 30, 1988, at which time the permit was renewed. A copy of
the Notice and Order is attached hereto as Exhibit A and incorpo-
rated herein by reference.
5. On April 12, 1988, Pueblo filed a request for an
adjudicatory hearing to challenge the validity of the Notice and
Order pursuant to § 25 -8 -603, C.R.S.
6. In settlement of this matter the Division and the
City agree as follows:
7. The Division agrees to petition the Executive Direc-
tor, or his designee, to impose a civil penalty of $2,800.
8. The Division agrees that upon payment in full of the
$2,800 civil penalty, it shall conclude all actions with respect
to the violations alleged in the Notice of March 18, 1988.
9. The Division agrees that it will not pursue any type
of administrative, civil or criminal action for any instances of
noncompliance by Pueblo with its permit or the Act which may have
occurred subsequent to the Notice and Order of March 18, 1988,
through the effective date of this Settlement Agreement ( "Agree-
ment"), provided the Division had notice of or should have
reasonably been aware of such noncompliance.
10. Pueblo agrees not to contest the amount of the civil
penalty and to pay the $2,800 within thirty (30) days after the
effective date of this Agreement.
11. Pueblo agrees that once this Agreement becomes effec-
tive, it will be deemed to have withdrawn its April 12, 1988
request for a hearing in this matter.
12. By entering into this Agreement, Pueblo does not
admit the allegations contained in the Notice of March 18, 1988.
Pueblo enters into this Stipulation merely as a matter of conven-
ience to avoid needless litigation expenses. Pueblo steadfastly
contends that it has acted in good faith and that if this matter
were determined, the evidence would conclusively show that viola-
tions, if any, occurred due to causes entirely beyond Pueblo's
control. The parties agree that Pueblo reserves the right to
contest consideration of the allegations contained in the Notice
of March 18, 1988, in any future penalty assessment against
Pueblo. Division further acknowledges that Pueblo may and does
reserve all defenses asserted in its Answer with respect to any
other independent enforcement actions which may in the future be
commenced by the Division or by the U.S. Environmental Protection
Agency or any other Federal department or agency.
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13. This Agreement becomes effective only upon the sign-
ing of all parties and imposition by the Executive Director, or
his designee, of the civil penalty agreed to herein.
14. If the Executive Director, or his designee, fails to
impose the $2,800 penalty, this Agreement shall be deemed void
and of no effect whatsoever.
CITY OF PUEBLO
By B ��L
LE S QUIGL Y, C ty Manager
WATER QUALITY CONTROL DIVISION
B
J. D HOLM, Director
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BEFORE THE DEPARTMENT OF HEALTH
DIVISION OF ADMINISTRATION
STATE OF COLORADO
NOTICE OF VIOLATION AND CEASE AND DESIST ORDER
IN THE MATTER OF: CITY OF PUEBLO
WASTEWATER TREATMENT FACILITY
CDPS PERMIT NO.: CO- 0026646
PUEBLO COUNTY, COLORADO
TO: City of Pueblo
FINDIN OF FACT
Pursuant to the authority vested in the Division of Administration of the
Colorado Department of Health ( "the Division ") by 25-8 -301 to 308, C.R.S.
(1982 and 1985 supp.), which authority has been delegated to me by the
Executive Director of the Department, I hereby make the following Findiags of
Fact:
.� The City of Pueblo ( "Pueblo ") owns and operates a wastewater
treatmen plant ( "the plant ") located in theiNortheast 1/4 of the Northwest 1/4
of Section 5, Township 21 South, Range 64 West, Pueblo County, State of
Colorado.
2. The plant is the subject of Colorado Discharge Permit System,
permit number CO- 0026646 ( "the permit "). The permit became effective
January 7, 1983, and will expire, at midnight, June 30,1988 .
�. The permit authorizes Pueblo to discharge from the plant to
outfall 001(a). The permit also authorizes a discharge from outfall 001(b)
which is the plant bypass outfall point. Both the discharges are to the
Arkansas River.
X41. The Arkansas River is "state waters" as defined by 25- 8- 103(19),
C.R.S. ( 82).
5. Outfalls 001(a) and 001(b) are each a "point source" as defined
by 25 -8 -1 3(14), C.E.S. (1982).
6. Part I.D.2 of the permit contains a compliance schedule for
construction of treatment facilities as necessary in order to meet the
secondary treatment requirements of the Clean Water Act. The schedule
requires Pueblo to complete treatment facilities construction by
February 1, 1988.
EXHIBIT "A"
7. As of this date, Pueblo has failed to complete construction as
s;uired by the permit.
8. Part I.D.3 of the permit requires that Pueblo remove outfall
)1(b) from service no later than June 30, 1988.
NOTICE OF VIOLATION
You are hereby notified that the facts stated above constitute a
violation of the permit, as set forth below:
1. Failure to complete construction as described in paragraphs 6
and 7 of the Findings of Fact constitutes a violation of the permit, Part
I.D.2 vhich states in pertinent part:
"On or before the dates specified below, the following tasks
shall be accomplished by the permittee in order to meet the
secondary treatment requirements of the Clean Water Act...
(c) Completion of treatment plant construction by
February 1, 1988."
CEASE AND DESIST ORDER
Used upon the foregoing Findings of Fact and Notice of Violation,
and pursuant to the provisions of 25 -8 -605, C.R.S. (1982), I hereby order you
to:
a 1. immediately take whatever measures necessary to Cease and Desist
violating the permit and the Water Quality Control Act, 25 -8 -101 to 703,
C.R.S. (1982 and 1985 supp.) and regulations promulgated thereto;
2. immediately take whatever steps are necessary to complete
construction of the new wastewater treatment plant by May 31, 1988;
3. by no later than July 1, 1988, complete plant start -up and meet
secondary treatment effluent limits as defined by Section 10.1.0 of 5 CCR
1002 -3, "Regulations for Effluent Limitations ";
4. by June 30, 1988, remove outfall point 001(b) from service; and
5. within 10 days after issuance of this Order, notify the Division
in writing of your intent to comply herewith.
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r
Pursuant to section 25 -8 -603, C.R.S. (1982), you are required to
submit to the Division an answer admitting or denying each paragraph of the
Findings of Fact and responding to the Notice of Violation. Section 603 also
provides that the recipient of a Notice of Violation may request the Division
to conduct a hearing to determine the validity of the Notice, including the
Findings of Fact. Such request shall be filed in writing with the Division.
Bot the an swer and..She —fox beA iiig,�f any - eha3l— be- filed�o_ later
than 30 d ays gter issua*+�p �f t�.�e ^*��p 'the filintc of an answ does pt
c onstitute a req for hearing Absent such a request, the validity of the
factual allegations and the Notice of Violation shall be deemed established in
any subsequent proceeding. You are also advised that any person who violates
any provision of any permit issued under 25 -8 -101 to 703, C.R.S. (1982 and
1985 supp.) or any provision of 25 -8 -101 to 703, C.R.S. (1982 and 1985 supp.)
or any final Cease and Desist Order or Clean -up Order shall be subject to a
civil penalty of not more than 110,000 per day for each day during which such
violation occurs. Further, any person who recklessly, knowingly,
intentionally, or with criminal negligence discharges any pollutant into any
state waters commits criminal pollution of state waters if such discharge is
made in violation of any permit issued under 25-8 -101 to 703, C.R.S. (1982 and
1985 supp.), or in violation of any Cease and Desist Order or Clean -up Order
issued by the Division. You are further advised that any person engaged in
any operation or activity which results in a spill or discharge of oil or
other substance which may cause pollution of the waters of the state, shall
notify the Division of the discharge. If said person fails to so notify, said
person is guilty of a misdemeanor, and may be fined or imprisoned or both.
Nothing herein contained, particularly those portions requiring
certain acts to be performed within a certain time, shall be construed as a
permit or license, either to violate any provisions of the public health laws
and regulations promulgated thereunder, or to make any discharge into state
waters.
For further clarification of the rights of recipients of Notices of
Violation, including the potential imposition of penalties and possible
criminal liability, you are advised to consult the Water Quality Control Act,
sections 25-8 -101 to 703, C.R.S. (1982 and 1985 supp.).
Issued at Denver, Colorado, this f 8 day of , 19 �.
COLORADO DEPARTMENT OF HEALTH
Division of Administrat on
r__ C(,__ L. ,.y
Z&OL FER.RARO V
Director
Water Quality Control Division
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0199M