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Home My WebLink About22-89 Resolution RECORD OF RESOLUTIONS . National Graphics Corp., Cots., o. ':!'1~~}~1 n~ril~lb Form No. 6233-A Hesolutioll No, 22-89 Passed a ~ ~. .. n. .h.~..h~19h ~~.~ A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREED CONSENT ORDER, ON BEHALF OF THE CITY OF DUBLIN, WITH THE ATTORNEY GENERAL OF OHIO, REGARDING DUBLIN PUMP STATION OVERFLOWS WHEREAS, the pump station operated by the City of Dublin has been subject to overflows in the past; and, WHEREAS, the City of Dublin has and continues to make improvements and corrections to said pump station and its sewer system in an attempt to eliminate any future overflows; and, WHEREAS, the City Law Director and its special counsel have reached an agreement with the Ohio Attorney General as to the terms and provisions of a consent order resolving all issues relating to the above-referenced overflows: NOW, THEREFORE BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, all of the elective members concurring that the City Manager is hereby authorized to execute the consent order between the City of Dublin and the Ohio Attorney General, a copy of which is attached hereto and incorporated herein. Passed this 11th day of September 1989. , , f)JrP.~ V~c.t Mayor - Presiding Officer . ',hereby cer,tif: that CO!l:p.s of this Ordinance/Resolution were posted in th, At t est. City of Dubl:n rn accordance with seer on 731 2S I th Ill' R . . · . 0 e 10 eVlsed Code. J~~A ~1 ~ ~ Clerk of Counci', Dublin, Ohio ~ 7?}. Zf'c-/~ ..,..;.u." Clerk of Counci"l I, Frances M. Urban ~ Clerk of Council, hereby certify that t~e foregoing is a true copy of~K!fftIe/ResollJ't;on No. _~~-8~_ duly ado~ted by the (ouncil of the Cita~f Dub!:n, Ohio, on the 11 th d f eptember 19 ay 0 , . ..h/J"'/.I'4 ~.~ l\r.,,.,.,..., .......f ..;.~ ..,i.J'. ' / Clerk.f Counci , Dublin, Ohio IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO STATE OF OHIO, ex rel : CASE NO. ANTHONY J. CELEBREZZE, JR. : ATTORNEY GENERAL OF OHIO : JUDGE _ - . . Plaintiff, : . . V5. . . . . CITY OF DUBLIN . c.oNSE~'t OBOeR . . Defendant. : The Complaint in the above-captioned matt6r having been filed herein, and the Plaintiff State of Ohio by its Attorney Genecal Anthony J. Celebre~~e, Jr. (hereinafter ".Plaiutiff") and Defendant City of Dublin (hereinafter ftDublin") htlving consented to the entry of this Order, NOW THEREFORE, without tri61 of any i!sue of fact or lawr and upon consent of the parties hereto, ~ to. is heroby ORDERED: ADJUDGED AND DECREED bS follows: 1. JUTHSD!C'UQN P,..ND Y.E.NJ1E 1. The Court has jurisdiction ever th~ parties ~nd the subject matter of this ca8~. the Complaint states e cl~im upcn which relief can Le granted bgainst Defendant under Chapter 6111 of the Ohio Revised Code. end venue i5 proper in this Court. II. PARTIES 2. The provisions of this Co~sent Order shall apply 80d be binding upon the parties to this action, their agents, officers, employees, 8ssigns, successors in interest and any person acting in concert or privity with any of them. Defendant Dublin shall provide a copy of this Consent Order to each contractor it employs to perform work itemized h~~rein, and each generul contractor shall provide 8 copy of this Consent Order to each of its subcontractors for such work. 1 I 1. SAI.l&AcnOlt OF LAWSUIT ., Plaintiff alleges in its Complair..t tha.t r:'cfe.r:d~nt has -' . allowed numerou~ overflows of waterborne raw sewage from its pump station located off High Street between Shorl Street 6nd Kilrrer Pl~~e (he""e"~"'e" D"o'in f\'(f'P -tetio") in violation of .... 0',,0..1.. '.....!.. I.....~ ~ . L~ the water pollution lo...J~ of the State of Ohio. [:,t'"~ W 1 i ;: has never been issued a Netlon~l pollutant Discharge Elimination System permit to euthorite this discharge, Notwithstanding the above, nothin~ contained herein ~hell be deemed an adniBsion by Defendent as to the ~11e9vtions set forth in the Comp:aint or en admlssion by Defendant that viol~tian~ of the ebcve-citEld laws have occurred. Compliance wi:h the term~ of thi~; Consent - 2 - Order shall constitute full satisfaction of any civil liability by Defendant for all claims under s~ch laws alleged in the Complaint. Nothinq in this Or~er shall be construed to limit the authority of the State of Ohio to seek relief for claims or conditions not alleged in the Complaint, including violations which occur after the filinQ of the Complaint. IV. PERMANENT I t'lJllliCT I C1N 4 . Defendant Dublin is hereby enjoined end ordered to immediately comply with the requirements of Chapter 6111 of the Ohio Revised Code and the terms and conditions of the rules and regulations adopted under that Chapter. Dublin shall immediately eliminate ~11 overflows from its p'.lmp station end force main 6ystem. Dublin is hereby enjoined to properly operate and lnaintain its force main and pump st!tion and any ~s~oci~ted equip~ent an6 struc'tt.1:-\j9~ v. SJ.:H.EDJJ.LLQF IM.eRQY-.EM.ENrS 5. DefenU6nt Dublil1 i1.'9 enjoined and ordered tl) €~lii[dnet2 discharges from overflows ~nd bypasses from It~ sanitary SSWS! system; to complete con~t[uction of the improvements to its ~anitary sewer system des~ribed in the Permit to Install application submitted to Ohio EPA on April 12, 1989, lInd to undertake further evaluations and imr[oveme~ts to its ~ewerage system, in accordance with the followin9 schedule: - 3 - MILE S 'f..Q.1iE CQMPI..f;TION QA1'E (a) Completion of construction facilities sufficient to ensure the elimination of bypasses and overflows, Complete (b) Installation of flew meeasuring equipment at the pump station Complete (c) Submit report to OhioEPA pursuant to Paragraphs Ila aI1d c below. December 15, 1989 (d) Submit to OhioEPA. for its review and approval, an approvable Best Management Plan for the operation of the Dublin pump station pursuant to Paragraph lIb. beloH Decembet.' 15,1989 (e) Submit to OhioEPA, for its review and approval, ~pprovable detail plans forimprovemantB to the Dublin ~~mp station sufficient to ensure that the pump station does not constitute an odor nuisance pursuant to Paragraph 13 below Decerr:ber 15, 1989 - (() Submit general plan pU~5~6nt to Paragraph 12 below. Jcnuary l.1990 Within seven days fro~-n each comple.tiNt date U-::tec. above, Defendant D~blin shall s u brd t a written report, 6t~t1ng whether or not Dublin has performed the action set forth therein, to Ohio EPA's Central District Office. Thiti Cunsent Order does not constitute authoriration or app~oval of the ~cnztruction of any physical s~ructurB or facilities, or the modification of any exi~ting E~wer ~Y5tem, Approval for ~ny suer. construction or modification shall be by 'to issued by Ohio EPA or other such permits !IS m8Y be perml_ requirec by applicable federal, state, or local 1 a ','is , ru leg e,r regulations. - 4 - VI. ClVn.J PENALTY 6. Defendant Dublin sh~ll pay to the State of Ohio 8 civil penalty of seventy-five thousand dollars ($75,000.00). The penalty shall be paid by delivering to counsel for Plaintiff a certified check, payable to the order of <<Treasurer, St~te of Ohio" within thirti (30) days of the entry of this Order. VII. ~OTIP~CATION~~~ ~OGS 7. Dublin shall notify OhioEPA Central District Office at 544-2055 during weekdays from 7:00 a.m. to 5:00 p.m., and OhioEPA at 1-800-282-9379 during other times, and Columbus, Divi&lon of Water within one (1) hour upon discovery of pump 5tation overflows. Dublin shall tollow-up in writing within seven (7) days o~ an overflow with e detailed description of the cause of overflew, length of time of overflow, c~~t imate6 <~n,')i.lnt of ':: v 8 r f l 01-/ , d!:d ccrrective action3 t~ke~. 'This letter shall be sent to OhioEPA, Centrsl ~ictrict Office. 7e.. Within one ( 1) hour Of di~covery of a f'Uin~ station overflow, Dublin 5hall provide notico to the public of such release by insuring thBt radio and televi~ion &tations are provided with the notice set forth below and requeste1 to i~nediately broadcast such notice: Raw sewage has been dischar~ed to the Scioto River frem an overflowin9 pump station owned by the City of Dublin. The pump station is located adjacent to the Scioto between Short Street an~ Karrer Place in Dublin. The overflow occurred - 5 - at.._ I on ~ ,an estimated gallons of raw sewage was discharged to the Scioto River. Direct body contact, including waterskiing, wading and fishing, with the Scioto River, in the area south of the State Route 161 bridge and north of Griggs Dam may result in exposure to this raw sewage and may potentially result in adverse health effects. e. Dublin shall inspect the sewage pump station daily to ensure proper operation of the pump station. A written log shall be kept of all inspections. This log shall include such items as: a) date and time of inspection and individual performing inspection, b) operating status of pumps, (sound or vibration indicating whether pumps are op&Isting, en'l unusual sound from the pumps) c) evidence of Qverflowsi(any overflow occurring at the time of inspection or evidence of occurrance of overflows since previous inspection), d) odors detected upon inspection of the pump 5tation, including welking ~ntirely around the pump station, (distance and diI9ction froffi pump station and strength of odors), e) maintenance and repeir work performed on the pump station since last inspection, f) Any observations of unusual conditions. Dublin shall obtain and operate 8 cain gauge within the City limlt~ and Bhall maintain 8 daily lOQ of precipitation. SA. When OhioEPA has approved a b65t management plan for the operation of the Dublin pump station, Dublin shall comply with the inspection and log requirements established in the approved best management plan in lieu of the provisions set forth in paragraph 8 abo....e. - 6 - VI!I. MONITORING g. Dublin shall monitor the Scioto River for fecal coliform, total kjeldahl nitrogen, ammon!.::, nitrate, nitrite, tot~l suspended solids. BODS' COD and pho6phorus at three sampling locations downstream of the pump scation overflow and one sampling location upstream of the pump station overflow. The samplir.g locations shall be approved by OhioEPA. Sampling shall be conducted three tiIT.cS per week on non-consecutive days. Sampling shall corrnr.ence upon the occurrence of e.ach overflow from the pump station. Such sampling shall continue until an entire weekly series of semplin; ha~ been completed "Without th~ intervening occurrence of any (urth&f 0verflow frc~ th~ pump station. 10. c ~ . ~.nd Z!n&h'a€~ Shall be in acccrdance Hith EPA ...ampllng a~r{cved methc~ologies a lid r '?G tll t ~ t g 1 ephO!1Gi.'!. L.1 Oh i ":'1 t. PA if"iilediately upcn receipt. A copy of 19b results shall be mailed to OhicEFA within thrQ~ days of reGe1pt of lJ.7D results. IX. Rf;FORIlH.{i 1l. On or before December 15! 1989, [;I.jblin ehfll1 i3 \.l om i t 3 report to OhioEPA; Central District Office. The repo~t sh~ll include: a. COl'relation of flow monitoring data, overflows, and precipitation events, and capacity of existing force mains under Scioto River and current available capacity of exi6ting Columbus gravity sewer on e&~t side of Scioto River. - 7 - b. A Best Management Plan (BMP) for the operation of the pump station. The BMP shall deteil how the pump station will be operated with regar~ to operation and maintenance, routine inspections, alarm system operation, and testing of the alarm system end back-up systems. The BMP shall include schedules for maintenance 8n~ inspections, a description of the maintenance activities to be performed, and provide for documentation, by 1091 of the maintenance and inspections. c. Future plans and measures to prevent overflows before completion of the Upper Scioto West Branch Interceptor. 12. Dublin shall prepare and submit to the OhioEPA Central District Office an approvable general plan for the installation of a permanent disposal ayatem to serve the area secve~ by the Dublin pump station. This permanent di5posal system shall be adequate to dispnse of all present raw sewage flow tritutary to the Dublin pump station and shall be d~si9ned t~ ~deQ~~~tely dispose of future flow. In ~dditiont the general plan shell include a description of tasks to be performed as well es a schedule for the completion cf said tasks. 13. Dublin shall prepare and submit to the OhioEPA a report and detail plans for improvements to the pump utaticn to ensure that the pump station and its operation ~oes not emit odors or vapors sufficient to constitute a public nuisance. This report shall include a schedule fer implementatiQn of the improv6ments in the Oetail plans. The improvements to the pump station to eliminate the odor nuisance shall be installed in accordance with the schedule as approved. - 8 - ---- X. STIPULATED PENALTIES - 14. !n the eVent that Defendant Dublin fails to riieet ani" of the require~ents of this Consent Order set iorth ,in sub- paragraphs 5(8), 5(b), ~(c) 5(d) and Paragraph 7 through 13, including any scheduled milestone requirement, the Defendant shall ilmnediately and automatically b~ liable for and shall pay a stipulated penalty according to the following payment schedule. For each day of each failure to meet e requirement, up to thirty (30) days - Two Hundred Fifty Do118r5 (~:250. 00) per day. For each day of each f&ilure to meet 8 req~irement. from thi r ty-or.e (31 ) to sixtr days (60) - Five Hundred Dollars ($500.00) per day. Fo rei5ch day of Belch E ail urt: to l'\i€.et a I~<]uirement, fcom sixty.-one (61 ) to ninety (90) daya -. One Thousand Two Hundred and Fifty Dollars ($1,250.00) per day. F')r each doy of each failure to r:l~et '3 ~'eq'.l i rer::.e;i t J f r orr. I~ i. l"iety-one (91) to one hundred and tw~nty (120) d3YS - One Thcusend Seven Hundr~d and Fifty Dollars (11:1 7r:.o Pf,\ per d;;iy. "."....., -i.,J. "" v ,- For each day of each failure to meet a :r-equirement, oval' one hundred twenty (120) days -Three Thousand Five Hundred Dollars ($3,500.00) per day. 15. In the event that Defendant Dublin fbil~ tt..) mast any of the requirements of this Consent Order ::set forth in Paragraph ~, the Defendant ahall imrrrediateiy and automatically be liable for payment of a stipulated penalty of $1,500.00 per day of violation of any such requirement Which violaticn oc~urs - 9 - on or before December 31, 1989. In the event that Defendant Dublin fails to meet any of the requirements of this Consent Order set forth in Paragraph 4, after December 31, 1989, Defendant shall immediately and automatically be liable for payment of a stipulated penalty of $3,000.00 per day of violation of any such requirem~nt. 16. Any payment required to be made under the provisions Of Paragraphs 14 or 15 of this Order shall he m!de by delivering to Plaintiff's counsel a certified check or checks for the appropriate amounts, within forty-five (45) days from the date of the failure tc meet the requirement of the Consent Orde r , made payable to "Treasurer, State of Ohio". XI. .EQ.TEHllAL F:ORCE l1AJ.EJ.iRE 17. In any sction to enforce any of the provisions of this Consent Order Defendant DUblin may raise at that time the question of whether it is entitled to a defcnse that its cor-duct was ca~sed by reo~ons entirely beyond its co~trol suCh es, by way of example and not limit./ltion, act of God, unuslHllly severe weather conditions, strikes, acts of war or civil di.sturbances. While Plaintiff does not agree that such 6 defense exists, it is, howeve r , hereby agree~ upon by the parties that it is premature at this time to raise and adjudicate the exi9tence of such a defense and that the appropriate point at which to adjudicate the existence of suCh a defense is at the time that an enforcement action, if any, is - 10 - cor:unenced. At that time, the burden of proving thet any delay was or will be caused by circumstances entirely beyond the control of Dublin shall rest with Dublin. Unanticipated or increased costs associated with the implementation of any action required by this Consent Order, or changed financial circumstances shall not constitute circumstaoces entirely beyond the control of Dublin. Acceptance of this Consent Order without a force majeure clause doas not constitute a waiver by Defendant of any rights or defenses it may have under applicable law. XII. ReTEtfI.1UN OF_,JjJR! SD I CT 10~ 18. 'I-he Court- will retain jurisdiction of this action fer the purpose of making any order or decree which it deems ~pproprint~ to ~arry out this Consent Or~er. ',l'P:R.!.'l1I NATION 13. The provision~ of this Consent Order set forth in Section X, paragraphs l~ and 15, r~quirin9 th~ payment of stipulat~d penalties may be terminated 8fter -Pefendent Dublin h~s completed all construction, improvements, and submissions require~ under. Sections V and IX and h&s maintained compliance with all of the provisions of this order for a period of two years following completion of all construction required pursuant to this Order and has paid all penalties required. Termination shall be by order of this Court, upon motion o~ either party, upon a finding that all requirements of this Order have been met. - 11 - XIII. CPSTS 20. Defendant Dublin is hereby ordered to pay the costs of this action. 21. This Consent Order does not limit or affect the rights of Dublin or the Plaintiff against third parties, nor dOGS it affect the rights of third parties. This Consent Order is made solely between the parties hereto, and nothing contained herein shall be construed to grant any substantive benefit to any third per50n not a party heleto. --.. . --. JUDGE, COURT OF CO:1.MOH PLEAS APPROVED: STATE Of' OHIO, ex re 1 . ANTHONY J. CELEBREZZE, JR. ATTORNEY GENERAL OF OHIO BY: -- - ~~RGAReT A. MALONE STEPHEN J. SMITH KAREN S. CLEVELAND 5354 Cemetary Road Assistant Attorneys General P.O. Box 7 30 East Broad Street Hilliard, OH 43026-0007 Columbus, Ohio 43266-0410 Au~t~ the City of Dublin 6006E - 12 -