HomeMy WebLinkAbout54-75 RESOLUTIONRESOLUTION NO. 67.1-176-
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A STIPULATION WITH THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY WITHDRAWING A REQUEST FOR AN ADJUDICATORY HEARING ON
THE PROPOSED EPA DISCHARGE PERMIT FOR THE FAYETTEVILLE POLLUTION
CONTROL PLANT.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk be, and they hereby are,
authorized and directed to execute a stipulation with the
United States Environmental Protection Agency withdrawing a
request for an adjudicatory hearing on the proposed EPA
discharge permit for the Fayetteville Pollution Control Plant.
A copy of said stipulation, marked Exhibit "A", is attached
hereto and made a part hereof.
PASSED AND APPROVED THIS /67u$ DAY OF
1975.
7 71t4A
ATTEST:
em
tal-2-414F-&-tub
-.CITY CLERK
_-%
aaid-
APPROVED:
ency,i4 4-Ove.aciat
MAYOR
•
EVAihrl- "An
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VI
DALLAS, TEXAS
IN THE MATTER OF:
_
NATIONAL:POLLUTANT.DISCHARGE
ELIMINATION SYSTEM
PERMIT FOR: -
CITY OF FAYETTEVILLE, ARKANSAS
PERMITTEE
No. AR 0020010
No,
STIPULATIONFORREGIONAL
ADMINISTRATOR'S APPROVAL
STIPULATION
THE PERMITTEE HEREINABOVE NAMED AND THE REGIONAL ADMINISTRATOR
OF THE ENVIRONMENTAL PROTECTION AGENCY, REGION VI, STIPULATE AND
AGREE AS FOLLOWS:
18 PUBLIC NOTICE OF THE GRANTING OF PERMITTEE'S REQUEST FOR
AN ADJUDICATORY HEARING TO RECONSIDER THE PERMIT PROPOSED TO BE
ISSUED TO PERMITTEE WAS PUBLISHED ON SEPTEMBER 21, 1974.
• II. THERE ARE NO PARTIES TO THIS PROCEEDING OTHER THAN THE
PARTIES ENTERING THIS STIPULATION,
1118 THE PARTIES HERETO HAVE RECONCILED THE ISSUES INVOLVED IN
THIS MATTER IN THE MANNER SET FORTH HEREAFTER, 4HERE THE TERM "AS,
PROPOSED" IS USED, IT MEANS AS PROPOSED IN THE NPDES PERMIT REFERRED
TO IN THE PUBLIC NOTICE OF ISSUANCE DATED APRIL 20, 1974,
GENERAL CONDITIONS
1.B. THE LIABILITY PROVISION SHALL REMAIN AS PROPOSED,
3. CAUSE FOR MODIFICATION AND PERIODIC REVIEW OF TERMS SHALL
REMAIN AS PROPOSED.
10, PLANS AND IMPLEMENTATION SCHEDULES FOR POWER FAILURE
CONTINGENCIES SHALL BE SUBMITTED WITHIN 180 DAYS OF EFFECTIVE
1
DATE OF PERMIT. .
11. BYPASS PROHIBITION REMAINS AS PROPOSED,
16, THE LANGUAGE ESTABLISHING A WAIVER OF DEFENSE TO LIABILITY
FOR NON-COMPLIANCE HAS BEEN DELETED.
•
SPECIAL CONDITIONS
INTERIM EFFLUENT LIMITATIONS HAVE BEEN RAISED TO ALLOW
LEVELS SHOWN IN ATTACHMENT "A': ON 11,5 MGD FLOW FOR A PERIOD
OF 180 DAYS, THE 7 -DAY AVERAGE LIMITATION HAS BEEN RETAINED,
1.B1 FINAL EFFLUENT LIMITATIONS, LASTING UNTIL MAY 1, 1977;
HAVE BEEN RAISED ON 11.5 MGD FLOW TO THOSE SHOWN IN
• • •
ATTACHMENT "B," 7 -DAY AVERAGE RETAINED,
PERMITTEE SHALL PREPARE A PLAN, PRIOR TO THE MAY 1, 1977
EXPIRATION DATE OF THIS PERMIT, FOR ATTAINING EFFLUENT LIMITS
NECESSARY TO MAINTAIN WATER QUALITY STANDARDS AND REPORT, EVERY
SIX MONTHS FROM EFFECTIVE DATE OF THE PERMIT, PROGRESS TOWARD
ATTAINING THESE LIMITS AT THE EARLIEST POSSIBLE DATE.
1.D. THE PH RANGE OF 6,0 TO 9.0 SHALL BE RETAINED.
• LE, PROHIBITION OF FLOATING SOLIDS SHALL BE RETAINED.
1.F. (2) AND (3) SCHEDULE FOR INVENTORY AND REPORTING
INDUSTRIAL CONTRIBUTORS WILL BE EXTENDED TO 115 DAYS AND 120
DAYS RESPECTIVELY,
2,13, ALLOWABLE INDUSTRIAL INPUT REPORT SHALL BE SUBMITTED
• WITHIN 120 DAYS AS PROPOSED,
2.D. REPORTING SCHEDULES OF 90 DAYS AND 300 DAYS CHANGED TO
120 AND 300 DAYS RESPECTIVELY.
3.(A)(2) MONITORING FREQUENCY SHALL REMAIN ONE PER WEEKDAY
• AS PROPOSED,
:3,(c)(2) FIRST DISCHARGE MONITORING REPORT SHALL BE SUBMITTED
WITHIN 75 DAYS AS PROPOSED.
4.c. CONDITION DELETED AS REDUNDANT,
5.A.(2) . REPORTING TIME CHANGED TO 120 DAYS,
5.A.(3)(C) CONSTRUCTION SCHEDULE DELETED.
IV, THE ENVIRONMENTAL PROTECTION AGENCY HAS MADE CHANGES IN
THE PROPOSED PERMIT IN ACCORDANCE WITH THE ABOVE AND AGREES TO
ISSUE THE PERMIT AS CHANGED, SUBJECT TO THE CERTIFICATION OF SUCH
PERMIT BY THE ARKANSAS DEPARTMENT OF POLLUTION CONTROL AND ECOLOGY,
OR WAIVER THEREOF, WITHIN 30 DAYS OF THE DATE OF THE SIGNATURE
HEREON OF THE REGIONAL ADMINISTRATOR, REGION VI.
•
•V, PERMITTEE HAS AGREED TO ACCEPT THE PERMIT AS CHANGED AND
TO WITHDRAW ITS REQUEST FOR AN ADJUDICATORY HEARING, UPON APPROVAL
OF THIS STIPULATION BY THE REGIONAL ADMINISTRATOR, REGION VI.
VI, THIS STIPULATION SHALL BE BINDING UPON THE PARTIES HERETO
UPON THE_DATE,OF THE SIGNATURE OF THE REGIONAL ADMINISTRATOR,
P.EGION VI, ENVIRONMENTAL PROTECTION AGENCY,
DATE: 7/21/75
ATTEST:
0(101/4-thealtU2-43-euttALk)
CITY CLERK
DATE:
CITY OF FAYETEVILLE
PERMITTEE
By: -1/7a--1--iee 12
MAYOR
U. S. ENVIRONMENTAL PROTECTION AGENCY
REGION VI
BY:
REGIONAL ADMINISTRATOR
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VI
DALLAS, TEXAS
IN THE MATTER OF:
NATIONAL POLLUTANT -DISCHARGE
ELIMINATION SYSTEM
PERMIT FOR:
-CITY OF FAYETTEVILLE, ARKANSAS
PERMITTEE
No, AR 0020010
No,
STIPULATION - FOR REGIONAL .
ADMINISTRATOR'S APPROVAL•
• STIPULATION
THE PERMITTEE HEREINABOVE NAMED AND THE REGIONAL ADMINISTRATOR
OF THE ENVIRONMENTAL PROTECTION 8,GENCY, REGION VI, STIPULATE AND
AGREE AS FOLLOWS:
I. PUBLIC NOTICE OF THE GRANTING OF PERMITTEE'S REQUEST FOR
AN ADJUDICATORY HEARING TO RECONSIDER THE PERMIT PROPOSED TO BE
ISSUED TO PERMITTEE WAS PUBLISHED ON SEPTEMBER 21, 1974.
11. THERE ARE NO PARTIES TO THIS PROCEEDING OTHER THAN THE
_PARTIES_ENTERING THIS STIPULATION,
III, THE PARTIES HERETO HAVE RECONCILED THE ISSUESHIMVOLVED IN
THIS MATTER IN THE MANNER SET FORTHHEREAFTER. WHERE THE TERM "AS
PROPOSED" IS USED, IT MEANS AS PROPOSED IN THE NPDESPERMIT REFERRED
. _ .
TO IN THE PUBLIC NOTICE OF ISSUANCE DATED APRIL 20,J974,
GENERAL CONDITIONS
1,B1 THE LIABILITY PROVISION SHALL--REMAIA:AS PROPOSED.'
3, CAUSE FOR MODIFICATION AND PERIODIC.REVIEW OF TERMS SHALL
REMAIN AS PROPOSED,
10, PLANS AND IMPLEME TATION SCHEDULES. FORy0WERiFAILUR:Et
CONTINGENCIES SHALL BE SUBMITTED WITHIN 180 DAYS:-.OPEFFECTIVE
DATE OF PERMIT,
11, BYPASS PROHIBITION REMAINS AS PROPOSED,
16, THE LANGUAGE ESTABLISHING A WAIVER OF DEFENSE TO LIABILI1Y
FOR NON-COMPLIANCE HAS BEEN DELETED'.
•
2
SP-CIAL CONDITIONS
1,A, INTERIM EFFLUENT LIMITATIONS HAVE BEEN RAISED TO ALLOW
LEVELS SHOWN IN ATTACHMENT
ON 11,5 MGD FLOW FOR A PERIOD
OF 180 DAYS. THE 7 -DAY AVERAGE LIMITATION HAS BEEN RETAINED,
1,B. FINAL EFFLUENT LIMITATIONS, LASTING UNTIL MAY 1, 1977,
HAVE BEEN RAISED ON 11.5 MGD FLOW TO THOSE SHOWN IN
ATTACHMENT "B. 7 -DAY AVERAGE RETAINED,
PERMITTEE SHALL PREPARE A PLAN, PRIOR TO -THE VAY 1, 1977 .
EXPIRATION DATE OF THIS PERMIT, FOR ATTAINING EFFLUENT LIMITS
NECESSARY TO MAINTAIN WATER QUALITY STANDARDS AND REPORT, EVERY
SIX MONTHS FROM EFFECTIVE -DATE OF THE PERMIT, PROGRESS TOWARD
ATTAINING THESE LIMITS AT THE EARLIEST POSSIBLE DATE.
1.D. THE PH RANGE OF 6.0 TO 9,0 SHALL BE RETAINED.
11E. PROHIBITION OF FLOATING SOLIDS SHALL BE RETAINED 1
1.F, (2) AND (3) SCHEDULE FOR INVENTORY AND REPORTING
INDUSTRIAL CONTRIBUTORS WILL BE EXTENDED TO 115DAYSAND 120
DAYS RESPECTIVELY.
21B, ALLOWABLE INDUSTRIAL INPUT REPORT SHALL BE SUBMITTED
WITHIN 120 DAYS AS PROPOSED,
21D, REPORTING SCHEDULES OF 90 DAYS AND 300 DAYS CHANGED TO
120 AND 300 DAYS RESPECTIVELY,
3,(A)(2) MONITORING FREQUENCY SHALL REMAIN ONE PER WEEKDAY
AS PROPOSED!
.31(C)(2) FIRST JISCHARGE MONITORING REPORT SHALL BE SUEr_TTED
WITHIN 75 DAYS AS PROPOSED.
4.C1 CONDITION
'DELETED AS REDUNDANT.
5,A,(2) I4EPORTING TIME CHANGED TO 120 DAYS,
5,A.(3)(C) CONSTRUCTION SCHEDULE DELETED,
IV, 4 RON El. AL PROTECTI4N, Arrynw
THE PROPOSED
AIN CCODNCE ITN THBOVE ANDNARA
ISSUE- THE PERMIT AS CHANGED -SUBJECT TO
r"-It."127c
CERIICATF
PERMIT BY THE ARKANSAS
-
DEPARTMENT OF POLLUTION CONTRO:
TO
1::
S'JCFI
ECG! OGY)
OR 1:iAIVER THEREOF, 'iUT IN 30 DAYS OF THE DATE OF THE • SIGNATURE
HEREON OF THE EGIONAL ADM.NISTRATOR)
4 -
3
V, PERMITTEE HAS AGREED TO ACCEPT THE PERMIT AS CHANGED AND.
TO WITHDRAW ITS REQUEST FOR AN ADJUDICATORY HEARING .UPON APPROVAL
OF THIS STIPULATION BY THE REGIONAL ADMINISTRATOR, REGION VI,
• VI, THIS STIPULATION SHALL BE BINDING UPON THE PARTIES HERETO
UPON THE DATE OF THE SIGNATURE OF THE REGIONAL ADMINISTRATOR,
flEGION VI, ENVIRONMENTAL PROTECTION AGENCY,
DATE: 7/21/75
ATTEST:
, •
kailis-01-CLAtc,Listi
CIT( CLERK
CITY OF FAYETEVILLE
PERMITTEE
MAYOR
U. SI ENVIROMENTAL PROTECTIn? AGE CY
REGION VI.