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IDAHO DE:PARHAENT OF HEALTH AND WELFARE DIVISION OF ENVIRONMENTAL QUALITY 1410 North HdtorL BoiS<\ !D 8370€-1255, 373-0502 November 13, 1997 Gib Myers. City Clerk City of Moscow P.O. Box 9203 Moscow, Idaho 83843-1703 Dear Mr. Myers: PhHip F. Batt Govemo' Enclosed is a copy of the signed Voluntary Consent Order regarding the City of Moscow's wastewater treatment system in Latah County, Idaho. The Division of Environmental Quality appreciates the City's cooperation in this matter. Please contact James Bellatty, Administrator in our Lewiston Idaho Regional Office at 208/799-4370 should you have any questions concerning the Consent Order. Sincerely, Susan Burke Water Quality Section Supervisor Water Quality & Remediation Enclosure cc: Doug Conde, Deputy Attorney General James Bellatty, Regional Administrator Jim Macinnis, P. E Water Quality Engineer Randall D. Fife, City Attorney file ---PAGE BREAK--- IDAHO DEPARTMENT OF HEALTH AND WELFARE IN THE MATTER OF City of Moscow ) ) ) ) VOLUNTARY CONSENT ORDER Idaho Code § 39-108 1. Pursuant to Idaho Code § 39-108 (Idaho Environmental Protection and Health Act), the Idaho Department of Health and Welfare (Department) enters into this Voluntary Consent Order with the City of Moscow (City). 2. The City is the owner of a wastewater treatment system and collection system located in Latah County. The treatment system consists of trickling filters, primary and secondary clarifiers and chlorination/dechlorination prior to discharge to Paradise Creek. 3. The United States Environmental Protection Agency (EPA) has issued a National Pollutant Discharge Elimination System (NPDES) permit (10-002149-1) that authorizes the City to discharge from the City's wastewater treatment plant to Paradise Creek at approximate creek mile 6.9. 4. The University of Idaho accepts a portion of the discharge from the City's wastewater treatment plant for irrigation under a state Wastewater Land Application Permit (LA-0028-01 5. The City voluntarily enters into this Consent Order and agrees to the terms and conditions of this Consent Order without the issuance of a Notice of Violation as provided under Idaho Code § 39-1 08. 6. During several months in 1996 and 1997, the City reported significant violations of the City's NPDES permit During those same months, the Biological Oxygen Demand (BOO) and suspended solids removal in the City's wastewater may have been less than the values referenced in IDAPA 16.01.02420.01 of the Idaho Water Quality Standards and Wastewater Treatment Requirements (Water Quality Standards) 7. The City has installed sludge. dewatering and chlorination/dechlorination capabilities at the wastewater treatment plant. The City plans to install a new headworks, infiltration/inflow (Ill) reduction, and interceptor replacement The City will expend in excess of $3,500,000 through 1997 on these improvements In order to minimize the impact of the City's wastewater treatment plant effluent on Paradise Creek, the City agrees to cooperate with the regulatory agencies in the terms of this Consent Order. CONSENT ORDER - 1 ---PAGE BREAK--- 8. The University of Idaho was unable to properly disinfect the City's wastewater effluent, and the University of Idaho violated the terms of its wastewater -land application permit and IDAPA 16.011 7.600.07 (Wastewater-Land Application Permit Regulations). 9. The wastewater volume, including 1/1, received at the City's wastewater treatment facility regularly exceeds that facility's capacity to meet effluent limits set in the NPDES permit 10. Paradise Creek has been listed as a water quality limited segment and scheduled for the development of a total maximum daily load (TMDL) pursuant to the federal Clean Water Act In addition, the City's NPDES permit has expired. The estimated date for the issuance of a new NPDES permit is March 1, 1998. 11. The Department intends to establish, through this Consent Order, discharge limits so that the City may design and construct modifications to its wastewater treatment system in order to comply with state Water Quality Standards. The Department also shall coordinate development of the discharge limits with EPA. However, the Parties recognize that this Consent Order does not affect the City's responsibility to obtain and operate in compliance with an NPDES permit issued by EPA; the discharge limits and other conditions set by EPA in the NPDES permit may be more stringent than those established by DEQ pursuant to this Consent Order; DEQ's actions pursuant to this Consent Order do not indicate approval by any other state or federal agency, including EPA; nothing in this Consent Order affects the Department's authorities to establish a TMDL for Paradise Creek and to provide certification pursuant to section 401 of the Clean Water Act with respect to the NPDES permit issued by EPA; and nothing in this Consent Order shall adversely affect any legal or administrative right the City may have which is associated with the receipt of or compliance with any future NPDES permit issued by EPA 12. a. The Department has provided the City with preliminary treated wastewater constituent discharge limits for the City's wastewater treatment system design. The City may review the preliminary limits and may provide comments to the Department. b. The Department agrees to coordinate determination of final treated wastewater constituent discharge limits for the City's wastewater treatment system with the EPA c. The Department agrees to provide the City with final treated wastewater constituent discharge limits for the City's wastewater treatment system design upon issuance by the EPA of the City's draft NPDES permit. The NPDES permit issuance date is estimated as March 1, 1998. The City may review the final limits and may provide comments to the Department CONSENT ORDER 2 ---PAGE BREAK--- 13. The City shall perform the following actions in order to achieve compliance with the Water Quality Standards: a. From the effective date of this Consent Order until the City initiates operation of its facility in accordance with the approved updated Facilities Plan, the City shall prevent any net wastewater flow increases to the City's wastewater treatment facility. The base flow for determining net wastewater flow increase shall be computed from an average of historic flow data (1992- 1996) adjusted for population and extreme weather events as approved by the Department The City shall, within 7 days of the effective date of this consent order, submit to the Department for approval the base flow. The City may allow new contributions to its wastewater collection system if an equivalent reduction of inflow and infiltration ( Ill) to the collection system is achieved so that there is no net wastewater flow increase. The City may elect to prepare an 1&1 Reduction Plan that specifies annual 1/1 mitigation measures and estimates the annual number of new connections allowed to the wastewater collection system so that there is no net wastewater flow increase. Upon Department review and approval of the 1/1 Reduction Plan, the City may implement the plan. b. By October 15, 1997, submit to the Department for review and approval written procedures for providing the University of Idaho with treated wastewater effluent for wastewater land application. C. ( 1 ) Submit to the Department an updated Facilities Plan no later than one hundred twenty (120) days after receipt of the final treated wastewater constituent discharge limits for the City's wastewater treatment system. The Facilities Plan shall contain alternatives, costs and financing to bring the City's wastewater system into permanent compliance with the state Water Quality Standards and shall identify the alternative selected by the City. The selected alternative in the Facility Plan must be capable of meeting the treated wastewater constituent discharge limits provided by the Department. The Department may comment on the plan before approving it. Fourteen (14) days after the City receives the Department's comments on the plan, the City shall provide the Department with a plan revised in accordance with the Department's comments. The approved updated Facilities Plan shall be incorporated as a condition of this Consent Order. CONSENT ORDER· 3 ---PAGE BREAK--- d. Secure financing for the selected alternative from the approved updated Facilities Plan no later than one hundred eighty (180) days after approval of the updated F aGilities Plan. The City anticipates receiving a loan from the Department revolving loan account, but the issuance of a loan is not guaranteed by the Department The City shall provide the Department notice that financing has been secured. e. ( 1 ) No later than three hundred sixty-five (365) days after approval of the updated Facilities Plan submit plans and specifications (stamped by a registered Idaho engineer) to implement the selected alternative presented in the approved updated Facilities Plan in accordance with Idaho Code Section 39-118. The Department may comment on the plans and specifications before approving them. Thirty (30) days after the City receives the Department's comments on the plans and specifications, the City shall provide the Department with plans and specifications revised in accordance with the Department's comments. f. No later than sixty (60) days after approval of the plans and specifications, advertise for bids to construct the project in accordance with the plans and specifications and the updated Facilities Plan previously approved by the Department. g. No later than ninety (90) days after approval of a bid to construct the project in accordance with the plans and specifications previously approved by the Department, start construction. The City shall notify the Department that construction has begun. A licensed engineer shall be retained to provide inspection services during the construction. h. No later than seven hundred thirty (730) days after start of construction, complete construction, and notify the Department construction has been completed. 1. No later than ninety (90) days after completion of construction, initiate operation of the new or modified facilities J. No later than ninety (90) days after completion of construction, submit record drawings for the completed wastewater facilities construction to the Department in accordance with IDAPA Section 16.01 02402 04 14. The City agrees that all work performed as part of this Consent Order shall not deviate from the approved updated Facilities Plan or the approved plans and specifications without the written approval of the Department CONSENT ORDER - 4 ---PAGE BREAK--- 15. The compliance dates set forth in this Consent Order may be hereafter modified by the Department if the City submits a request to the Department in writing at least fourteen (14) days in advance of the compliance dates. The Department will consider all requests and respond in writing prior to the compliance date whether the request will be approved. If the request is denied. the City shall perform the required activities according to the compliance dates set forth in this Consent Order. If the request is granted, the parties agree that the new compliance dates, as set forth in writing by the Department in response to the City's request, shall be enforceable under this Consent Order. Where an emergency or other event not reasonably foreseeable and beyond the reasonable control of the City causes a delay in a compliance date in this Consent Order, the City shall immediately notify the Department of the problem and the anticipated time to remedy the problem, after which the Department may adjust the compliance date(s) accordingly. The new compliance date shall be enforceable under the Consent Order. 16. The City agrees to obtain all construction-related permits necessary to perform the work required by the Consent Order. 17. The City hereby stipulates and agrees that it shall pay to the Department a penalty of $1,000 for each and every violation and $1 ,000 per day for each and every day of a continuing violation if it fails to comply with any terms of this Consent Order from and after its effective date. The City also recognizes that failure to comply with the terms of this Consent Order may result in district court action for specific performance of the Consent Order, civil penalties in addition to stipulated penalties, assessment of costs, restraining orders, injunctions and other relief available pursuant to Idaho Code § 39-1 08. 18. This Consent Order shall not in any way relieve the City from any obligation to comply with any provision of the Water Quality Standards, or any applicable local, state, or federal laws, nor does it adversely affect or prohibit the City's rights under any such provision or law. 19. Nothing in this Consent Order prohibits the City from lawful action on items not specifically included in this Consent Order as long as the City complies with the terms of this Consent Order. 20. Upon fulfilling all requirements of this Consent Order, the City may petition the Department in writing for termination of this Consent Order. This Consent Order shall remain in full force and effect and shall bind the City, its successors, and assigns until the Department acknowledges in writing that this Consent Order is terminated and that the City has fulfilled all requirements of this Consent Order. CONSENT ORDER- 5 ---PAGE BREAK--- 21. All communication required by this Consent Order shall be addressed to: James Bellatty, Regional Administrator Idaho Department of Health and Welfare Division of Environmental Quality 1118 F Street Lewiston, Idaho 83501 22. The effective date of this Consent Order shall be the date of signature by the Administrator of the Idaho Division of Environmental Quality DATED this /7 If> day of '1997. By u f2 / W ace N. Cory, Administrator fn Division of Environmental Quality Idaho Department of Health and Welfare DATED this J AL> day of , 1997. By: YC Mayor City of Moscow CONSENT ORDER- 6