1984-017 - United States Environmental Protection Agency,
RESOLUTION NO.
84-017
WHEREAS, the City of Paris has pending before the
United States Environmental Protection Agency, Region VI,
Docket No. VI-84-304 concerned with the City's effluent
discharged into Hicks Creek; and,
WHEREAS, an Order on Consent has been prepared by the
Director of Water Management Division of Region VI and is
attached hereto as Exhibit A which is in all things accept-
able to the City of Paris; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, that the Mayor of the City of Paris, Joe Graham, be,
and he is hereby authorized and directed to execute on
behalf of the City of Paris Order on Consent in Docket No.
VI-84-304 before the United States Environmental Protection
Agency, Region VI, which order is attached hereto as
Exhibit A.
Passed and adopted this 12th day of March, 1984.
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ATTEST:
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~f' .. ~
~ty Clerk
Attorney
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EXHIBIT "A"
UNITE!) STATES
ENVIRONMENTAL PROTECTION AGENCY
REGION 6
IN THE MATTER OF 9
9
THE CITY OF PARIS 9
9
PROCEEDINGS UNDER SECTION 309(a)(3) 9
and (a)( 4), CLEAN WATER ACT, 9
[33 USC 1319(a)(3) and (a)(4)], ~
in RE: NPOES PERMIT NO. TX0027910 9
DOCKET NO. VI-84-304
ORDER ON CONSENT
The following FINDINGS are made and ORDER issued pursuant to the authority
vested in the Administrator of the Environmental Protection Agency by the
above referenced statute (hereinafter the Act) and duly delegated to the
Regional Administrator, Region 6, and duly redelegated to the undersigned
Director, Water Management Division, Region 6. This is a Consent Order
as the City agrees to its terms.
I.
The City of Paris (hereinafter the Permittee) is a municipality duly
incorporated under the laws of the State of Texas; the mailing address
for which is P.O. Box 1037 Paris, Texas 75460.
II.
Pursuant to the authority of Section 402(a)(1) of the Act [33 USC 1342(a)(1)J,
Region 6 issued National Pollutant Discharge Elimination System (NPOES) Permit
No. TX0027910 to the Permittee on June 13, 1980, with an effective date
of July 20, 1980. The permit authorizes the discharge of specified
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qualities and quantities of effluent to Hicks Creek. Pollutant discharge
beyond permit limitations is prohibited by the permit, in accordance
with the Act.
III.
Part I.A. of the permit places certain limitations on the quantity
and quality of effluent discharged by the Permittee. The relevant
limitations are as follows:
Outfall
Parameter
Limitation
001
B005 (30-day avg.)
B005 (7-day avg.)
B005 (loading)
TSS (30-day avg.)
TSS (7-day avg.)
TSS (loading)
20 mg/l
30 mg/l
770 lbs/day
20 mg/l
30 mg/l
770 lbs/day
Part II.A.5. of the permit states that the bypass or diversion of wastes
from any portions of the treatment facilities is prohibited unless the
following conditions are met:
a. Bypass is unavoidable to prevent loss of life, personal injury
or severe property damage. Severe property damage includes substantial
physical damage to property, damage to the treatment facilities which
would cause them to become inoperable, or substantial and permanent
loss of natural resources which can reasonably be expected to occur
in the absence of a bypass;
b. There are no feasible alternatives to bypass, such as the
use of auxiliary treatment facilities, retention of treated wastes,
or maintenance during normal periods of equipment down-time; and
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c. The Permittee submits notice of an anticipated bypass within
24 hours to the Water Management Division Director and the Director of
the State water pollution control agency containing the information
required by Part II.A.2. (if this information is provided orally, a
written submission must be provided within five days). Where the
Permittee knows in advance of the need for the bypass, this notification
shall be submitted to the Water Management Division Director and the
Director of the State water pollution control agency ten days or as
long a time as possible before the date of the bypass. Bypass
shall be allowed only under conditions determined to be necessary
by the Water Management Division Director or the Director of the State
water pollution control agency to minimize any adverse effects. Bypass
incidents of significant duration shall be subject to public notice
and opportunity to comment.
Part II.B.9 of the permit states in part that the following pollutants
may not be introduced into the treatment facility: Any pollutant,
including oxygen demanding pollutants (COD, etc.) released in a discharge
of such volume or strength as to cause interference in the POTW.
IV.
FINDINGS OF VIOLATION
Based on information provided by the Environmental Protection Agency,
the Permittee, and the State of Texas, the Permittee has violated
Part I.A., Part II.A.S, and Part II.B.9. of the permit.
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Violations of Part I.A. - Recent parameter violations include the
following:
Out fa 11
Date
Parameter
001
*8/83
BODS (3D-day avg.)
BOOS (loading)
TSS (3D-day avg)
TSS (loading)
BODS (3~-day avg.)
BOOS (7-day avg.)
RODS (loading)
TSS (3D-day avg.)
TSS (7-day avg.)
TSS (loading)
BOOS (3D-day avg.)
BODS (7-day avg.)
BODs (loading)
TSS (3D-day avg.)
TSS (7-day avg.)
TSS (loading)
BODS (3D-day avg.)
BODS (7-day avg.)
BOOS (loading)
9/83
10/83
11/83
Violation
45.27 mg/1
1318.63 1bs/day
9S.S8 mg/l
3088.1 1 bs/day
81.4 mg/1
2S1 mg.1
2471.8 1 bs/day
130.4 mg/l
740 mg/l
3887.4 1bs/day
240.22 mg/l
678 mg/l
6875.2 1bs/day
344 mg/l
1088 mg/l
1089.3 1bs/day
2S.93 mg/1
40.8 mg/l
798.49 1bs/day
* This information was submitted on the Texas Department of Water
Resources monthly effluent report forms and therefore does not indicate
possible 7-day average violations.
Violations of Part II.A.S. - The Permittee routinely uses a raw sewage
unpermitted bypass into Pine Creek during periods of high flow.
Violations of Part II.B.9 - The Permittee continues to allow industrial
users to overload its system so as to cause chronic noncompliance.
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V.
There are currently two open Administrative Orders out against the
Permittee (A.O. Docket Nos. VI-R3-097 and VI-R3-l9l). The requirements
of these Orders are essentially the same. In a letter dated December 9,
1983, the Permittee asked for a compliance date extension from the January I,
19R4, stipulated date in Administrative Order Docket No. VI-83-l9l.
VI.
Issuance of this ORDER does not preclude the pursuit of additional enforce-
ment action for the violations cited herein.
ORDER
Based on the foregoing FINDINGS OF VIOLATION and pursuant to the authority
vested in the Administrator under Section 309(a)(3) and (a)(4) of the Act
[33 USC 1319(a)(3)], and duly delegated to the Regional Administrator,
Region 6, and duly redelegated to the undersigned Director, Water Manage-
ment Division, Region 6, it is ORDERED:
A. That the Permittee submit to this Agency, no later than July I,
1984, a comprehensive correction plan for the expeditious elimination of
all noncomplying discharges from the subject facility, and the elimination
of the unauthorized bypass/overflow into Pine Creek. Such plan shall
include a critical path schedule for the achievement of compliance within
the shortest time possible.
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B. That the Permittee submit to this Agency, nO,later than July 1.
1984, a complete financial analysis plan which details how the above
work will be funded. An outline of this plan is attached.
C. That the Permittee submit an activity progress report by May 1, 1984.
This report is to detail all measures that have been taken and an update
of those activities to be completed.
n. That if any event occurs which causes or may cause a delay in the
achievement of the compliance schedule required under the terms of
this Order, the Permittee shall notify EPA of the situation, in writing,
within 10 days of the occurrence of such event. This notice shall describe,
in detail, the anticipated length of the delay, the precise cause(s) of,
the delay and measures taken or to be taken by the Permittee to prevent
or minimize any such delay.
E. That all other terms and conditions of the permit are effective as
issued and require full compliance.
This Order will be effective on the
day
of
, 1984.
Approved and Accepted:
For The Environmental Protection
Agency
For the City of Paris
Myron O. Kundson, P. E.
Director, Water Management Division
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