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HomeMy WebLinkAbout53-90 RESOLUTION• RESOLUTION NO. 53-90 A RESOLUTION ADOPTING THE U.S. ENVIRONMENTAL BILL OF RIGHTS AS ADOPTED BY THE UNITED STATES CONFERENCE OF MAYORS AT THE JUNE 1989 MEETING. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The Board of Directors hereby adopt the U.S. Environmental Bill of Rights as adopted by tne United States Conference of Mayors in June of 1989. A copy of the Bill of Rights authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 3rd day of April ATTEST: eh/ City , 1990. • • • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 fk THE'MATTER OF § DOCKET NO. VI -90-1623 .: g THE CITY OF FAYETTEVILLE 113 West Mountain Fayetteville, Arkansas 72701 § 5 ASSESSMENT OF CLASS I § ACMINISTRATIVE PENALTY NPDES PERMIT NO. AR002001D § ON CONSENT UNDER CUA § 309(g) CONSENT AGREENENT AND ORDER ASSESSING ADMINISTRATIVE RENALTIES I. Statutory Authority The following Findings are made and Consent Agreement issued uncer the authority vested in the Administrator of the U.S. Environmental Protection Agency (EPA) by Section 309(9) of the Clean Water Act (hereinafter the "Act"), 33 U.S.C. § 1319(g). The Administrator has delegated these authorities'to the Regional Administrator of EPA Region 6, who hereby issues this Final Order. II. Findings of Violation Upon consent of the parties by their attorneys and authorized officials, the parties stipulate and the Administrator finds: 1. The city of Fayetteville (heretrafter the "Respondent"), a person within the meaning of the Act, owns or operates a facility located in Fayetteville. Arkansas, which discharges pollutants to White River Outfall 001 (Segment 4K - White River Basin) and Fud Creek - Outfall 002 (Segment 3J - ArKansas River Basin), navigable waters of the United States within the meaning of Section 502 of the Act, 33 U.S.C. § 1362. Respondent is, therefore, subject to the provisions of the Act, 33 u.s.c. G 1251 et seq. ircluding Section 3C9(g) of tne Act, 33 U.S.C. 1319(g). Docket No. VI -CO -1623 Page 2 2. On January 24, 1990, EPA Region 6 issued to Respondent, and on or about February 10, 1990, notified the public of an Administrative Complaint, Docket No. VI -90-1623, which included formal findings of violation, notice of a proposed assessment of a civil penalty against Respondent, and notice of Respondent's opportunity to request a hearing on the proposed administrative penalty assessment. 3. On January 24, 1990, the State of Arkansas was given an opportunity to consult with EPA regarding the assessment of an adminis- trative penalty against the Respondent. 4. The Respondent has violated Part II.A.3. of NPEES Permit No. AR002C010, which condition implements Section 301 of the Act, 33 U.S.C. E 1311, and which permit has been issued to Respordent pursuant, to Section 402 of tne Act, 33 U.S.C. § 1242, by bypassing wastes from portions of the treatment facilities, whicn resulted in the discharge of improperly treated wastes. Specifically, the Resoondent experienced numerous manhole overflows and lift staticn bypasses. III. Penalty Order and Consent Eased on the foregoing stipulations and findings, and having taken into account the nature, circumstances, extent, and gravity of the violaticn(s), Respondent's prior history of compliance, degree of culpability, economic benefit or savings resulting from the violaticn(s), and ability to pay, and Docxet No. v1-90-:523 Page 3 under the authority of Section 309(g) cf the Act, 33 U.S.C. § 1319(g), EPA legion -6 hereby ORDERS, AND RESPONCENT HEREBY CONSENTS, that: 1. The provisions of this Consent Agreement shall be binding upon the Respondent, its officers, directors, agents, servants, authorized representatives, employees, and successors or assigns. 2. The Respondent shall mail two (2) copies of the Consent Agreement, each with original signatures, to the attention of Ms. Gladys Gooden-Gackson (6W -EAT) at the following accress: U.S. EPA Region 6 1445 Ross Avenue Dallas, Texas 75202-2733 3. The Respondent shall pay $10,000 for its past violations of the Act cited above by mailing a money order or certified check payable to Treasurer, United States of America, within thirty (30) days of the effective date of Agreement to the following address: Regional Hearing Clerk (6C -G) U.S. EPA Region 6 P.O. Box 360582M Pittsburgh. PA 15251 The money order or check rust list the docket number referenced on page 1 of this Order. Docket No. VI -90-1623 Page 4 Respondent shall send notice of such payment, including a copy of the money order or check, to the Hearing Clerk at the following address: Regional Hearing Clerk (6C -G) U.S. EPA Region 6 1445 Ross Avenue Dallas, Texas 75202-2733 and a copy to the Enforcement Branch at the following address: Ms. Gladys Gooden-Jackscn (6W -EAT) U.S. EPA Region 6 Water Management Division 1445 Ross Avenue Dallas, Texas 752C2-2733 IV. General Provisions 1. Issuance of this Order does not constitute a waiver by EPA of its right to enforce the substantive legal requirements underlying this administrative penalty assessment, either administratively or judicially pursuant to Sections 309(a), (b), and (:) of the Act, 33 U.S.C. § 1319(a), (b), and (c). Nor pursuant to Section 309(g)(7) of tne Act, does issuance or compliance with this Order exempt Respondent from responsibility to ccmply with all requirements of the Act arc of any legal order or permit issued pursLant thereto. Administrative Order Docket No. VI -90-1214 was issued to the Respcncent or Dece-rber 20, 1969. This Order contains a scr.ecule to correct collection system deficien- cies. Further penalties involving the collecting system are not contemalated so long as the Respondert complies with Administrative 4. • • Cccket ro. V: -S0-1523 Page 5 Order Docket No. V-90-1214, continues to mitigate any f-uture bypasses and does not cause any substantial envircrmental harm (fish kills, etc.). 2. Failure by Respondent to pay in full the penalty assessed by this Consent Agreement by its due date may subject Respondent to a civil action to collect the assessed penalty plus interest, attcrneys' fees, costs, and an additicnal quarterly nonpaynent penalty pursuant to Section 309(9)(9) of the Act, 33 U.S.C. c 1319(9)(9). In any such collection action, the validity, amount, and appropriateness of the penalty and of this Consert Agreement shall not be subject to review. 3. Respondent krowingly and explicitly waives its rights purs.uant.to Sections 30E9)(2) and (8), 33 U.S.C. § 1319(9)(2) and (8), to a hearing on this penalty assessment ard tc judicial review of this administratiVe penalty assessment. V. Effective Date This Consent Agreement and Order shall become effective thirty (30) days after the date of issuance noted below unless a petition for a hearing is filed pursuant to Section 3C9(9)(4)(C) of the Act, 33 U.S.C. 1319(g)(4;(C), by a person wno commented on the prcposed penalty assessment. If such a petition is filed, EPA Region 6 will so notify Respcndent and will inform Respondert of the effect of the petition on the effect:ve date of this Consent Agreement and Order. Honorable 81(1 Martin Mayor of Fa etteville 113 West Mountain Fayetteville, Arkansas 727GI Myron 0. Knudson, P.E. Director Water Management Division (6W) EPA Region 6 Issued this Rooert E. .ayton Jr., P. E. Regioral Administrator U.S. EPA Region 6 1445 Ross Avenue Dallas, Texas 75202-2733 • Docket %c. V: -9G-1623 Page 6 day of , 1990.