DEQ Case WQ/M-NRW-2017-113 I BEFORE THE ENVIRONMENTAL QUALITY COMMISSION
2 OF THE STATE OF OREGON
3 )
4 IN THE MATTER OF
CITY OF SANDY, )
5 )
6 Respondent. )
7 MUTUAL AGREEMENT
AND FINAL ORDER
g CASE NO. WQ/M-NWR-2017-113
9
10
WHEREAS:
11
1. On August 8, 2017,the Department of Environmental Quality(DEQ)issued Notice
12
of Civil Penalty Assessment and Order No. WQ/M-NWR-2017-113 (Notice)to Respondent. DEQ
13
assessed a$36,725 civil penalty for violations alleged in the Notice and directed Respondent to take
14
action to upgrade or replace wastewater treatment facilities.
15
2. On September 6, 2017,Respondent filed a timely request for hearing.
16
L AGREEMENT
17
Respondent and DEQ hereby agree that:
18
1. DEQ agrees to amend Exhibits 1, 2 and 3 of the Notice by reducing the value of the
19
mental state (M) factor from 4 to 2. This reduces the penalty for each violation from$7,200 to
20
$6,600. The amended findings and determinations of the civil penalties are attached and
21
incorporated as Amended Exhibits 1, 2 and 3.
22
2. DEQ and Respondent agree that the total civil penalty is reduced from$36,725 to
23
$34,925.
24
3. Pursuant to OAR 340-012-0030(19) and OAR 340-012-0145(2), the violations
25
alleged in the Notice and as amended by this Mutual Agreement and Final Order(MAO),will be
26
treated as prior significant actions in the event a future violation occurs.
27
4. Respondent agrees to waive any and all rights and objections Respondent may have
Page 1 -MUTUAL AGREEMENT AND FINAL ORDER
CASE NO. WQ/M-NWR-2017-113
I to the form, content,manner of service and timeliness of the Notice; to a contested case hearing and
2 judicial review of the Notice; and to service of a copy of this MAO, which shall be effective when
3 signed by DEQ.
4 5. This MAO is not intended to limit, in any way,DEQ's right to proceed against
5 Respondent in any forum for any past or future violations not expressly settled herein.
6 6. Respondent agrees that this MAO shall be binding on Respondent and its respective
7 successors, agents, and assigns. The undersigned representative of Respondent certifies that he or
8 she is fully authorized to execute and bind Respondent to this MAO.
9 7. The $34,925 civil penalty may be mitigated to $6,985 on the condition that
10 Respondent completes a Supplemental Environmental Project approved by DEQ. The SEP
11 proposal must be approved by DEQ by April 1, 2018. An approved SEP will be incorporated into
12 this MAO by amendment.
13 II. FINAL ORDER
14 The Environmental Quality Commission hereby enters a final order:
15 1. Imposing upon Respondent a total civil penalty of$34,925 for the violations alleged
16 in the Notice, subject to mitigation to $6,985 in accordance with Section I,Paragraph 7. $6,895 of
17 the penalty is due when Respondent signs and submits this MAO to DEQ for full execution.
18 2. Requiring Respondent to comply with the following schedule and conditions:
19 A. By November 1, 2018 Respondent must submit to DEQ for review and
20 comment a preliminary updated wastewater facilities plan proposing alternatives to bring
21 Respondent into compliance with the terms and conditions of the Permit.
22 B. By November 15, 2018,DEQ must provide comments on the preliminary
23 updated wastewater facilities plan.
24 C. By January 1,2019,Respondent must submit to DEQ for review and
25 approval an updated wastewater facilities plan proposing alternatives to bring Respondent into
26 compliance with the terms and conditions of the Permit.
27
Page 2 -MUTUAL AGREEMENT AND FINAL ORDER
CASE NO.WQ/M-NWR-2017-113
I D. By February 1, 2019,DEQ must provide comments on the updated
2 wastewater facilities plan.
3 E. Within 30 days of receiving DEQ comments on facilities plan,Respondent
4 must resubmit for DEQ review and approval a facilities plan revised consistent with DEQ's
5 comments.
6 F. Within 15 days of receiving the revised facility plan, DEQ must provide
7 approval or provisional approval for the facilities plan.
8 G. By April 15, 2019, Respondent must award a contract for design of the
9 chosen improvement alternative.
10 H. By August 15,2019,Respondent must submit to DEQ a 30%design for
11 review and comment.
12 I. By September 15, 2019,DEQ must provide comments on the 30% design.
13 J. By April 1, 2020,Respondent must submit to DEQ a 90% design for review
14 and comment.
15 K. By May 1, 2020,DEQ must provide comments on the 90%design.
16 L. By June 15, 2020, Respondent must submit for review and approval final
17 plans and specifications for the plant improvements along with a construction schedule and
18 milestones to bring the Permittee into compliance with the terms and conditions of the NPDES
19 permit.
20 M. Within 15 days of receiving the plans and specifications for the plant
21 improvements along with the construction schedule and milestones,DEQ must provide approval or
22 provisional approval for the plans and specifications for the plant improvements along with a
23 construction schedule and milestones.
24 N. By August 1, 2020 Respondent must issue solicitation for bids for the plant
25 improvements.
26 O. By November 1, 2021,Respondent must commission the plant and bring
27 improvements into service.
Page 3 -MUTUAL AGREEMENT AND FINAL ORDER
CASE NO.WQ/M-NWR-2017-113
I ///
2
3
CITY OF SANDY
4
5
Date Signat mre
6 .�.�
7 1641M S /
Name (print)
8
9
Title(print)
10
11
DEPARTMENT OF ENVIRONMENTAL QUALITY and
12 ENVIRONMENTAL QUALITY COMMISSION
13
14
15 Date Sarah G. Wheeler,Acting Manager
16 Office of Compliance and Enforcement
on behalf of DEQ pursuant to OAR 340-012-0170
17 on behalf of the EQC pursuant to OAR 340-011-0505
18
19
20
21
22
23
24
25
26
27
Page 4-MUTUAL AGREEMENT AND FINAL ORDER
CASE NO.WQ/M-NWR-2017-113