HomeMy WebLinkAbout2015-06-01-R RESOLUTION NO. 2015- (70 I—
(W CITY OF BATESVILLE, ARKANSAS
A RESOLUTION APPROVING CONSENT ADMINISTRATIVE ORDER 08-083-001
AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SAME
WHEREAS, since July 29, 2008, the City of Batesville has been subject to Consent
Administrative Order 08-083,which addressed sanitary sewer overflow issues;
WHEREAS, that Order set forth a milestone schedule for completion of certain work;
WHEREAS, the parties have agreed upon an updated milestone schedule, which will be
reflected in The First Amendment to Consent Administrative Order LIS 08-083, attached hereto
as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Batesville,
Arkansas:
Section 1. That the City of Batesville, Arkansas, hereby authorizes the Mayor and City
Clerk to sign the First Amendment to Consent Administrative Order LIS 08-083 on behalf of the
City of Batesville.
ADOPTED THIS S-!-� DAY OF 12015.
APPROVED:
RICK ELUMBAUGH, MAYOR
ATTEST:
DENISE JOHNSTON, CIT6t CLERK
ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF:
City of Batesville LIS No. 08-083-001
500 East Main Permit No. AR0020702
Batesville, AR 72501 AFIN 32-00044
FIRST AMENDMENT TO CONSENT ADMINISTRATIVE ORDER LIS 08-083
This FIRST AMENDMENT TO CONSENT ADMINISTRATIVE ORDER LIS 08-
083 (hereinafter "CAO LIS 08-083-001" or "First Amended CAO") is issued pursuant to
the authority of the Arkansas Water and Air Pollution Control Act, Ark. Code Ann. § 8-4-
101 et seq., and the Arkansas Pollution Control and Ecology Commission ("APC&EC")
requlations promulgated thereunder includinq, but not limited to, Regulation No. 2:
Regulation Establishing Water Quality Standards for Surface Waters of the State of
Arkansas; and Regulation No. 8: Administrative Procedures. By mutual agreement of
City of Batesville (hereinafter "Respondent") and the Arkansas Department of
Environmental Quality (hereinafter "ADEQ"), CAO LIS 03-083 is hereby amended as
follows:
FINDINGS OF FACT
1. On July 29, 2008, Respondent and ADEQ entered into CAO 08-083.
2. Respondent and ADEQ have agreed to amend the Findings of Fact section of
CAO LIS 08-083 to incorporate and add Paragraph 7 to include the following:
On December 21, 2011, Respondent submitted a Comprehensive Plan and
Milestone schedule for the replacement and/or repair of all wastewater mains
City of Batesville, AR0020702; Amendment to CAO Page 1 of 4
and pumping stations that cannot convey peak hydraulic loads as identified by
the sewer system evaluation.
3. Respondent and ADEQ have agreed to amend the Findings of Fact section of
CAO LIS 08-083 to incorporate and add Paragraph 8 to include the following:
On March 2, 2015, Respondent submitted an update to the Milestone Schedule
as follows:
Description of Work Date of Work Completion
Main Pump Station Construction October 31, 2015
Mainline Construction October 31, 2017
Sewer System Rehabilitation by Contract October 31, 2017
Rehabilitation of Private Service Lines December 31, 2017
Sewer System Rehabilitation by City Forces December 31, 2018
Sewer System Effectiveness Evaluation August 31, 2019
Assess Remedial Action/Additional Facilities to December 31, 2020
Contain Peak Flows
ORDER AND AGREEMENT
4. Respondent and ADEQ have agreed to amend the Order and Agreement section
of CAO LIS 08-083 to incorporate at the end of paragraph 3 b the following:
Respondent shall follow the updated milestone schedule in paragraph 8 of the
Findings of Fact. By the completion date of each milestone, Respondent shall
submit to ADEQ, a written report detailing the work performed to complete each
milestone.
4P
City of Batesville, AR0020702, Amendment to CAO Page 2 of 4
5. This First Amended CAO is subject to public review and comment in accordance
LM with Ark. Code Ann. § 8-4-103(d) and APC&EC Regulatior No. 8. This First Amended
CAO is effective upon the Director's Signature. ADEQ retains the right to rescind this
First Amended CAO based upon the comments received within the thirty-day public
comment period notwithstanding the public notice requirerients.
6. Nothing in this First Amended CAO shall be construed as a waiver by ADEQ of
its enforcement authority over alleged violations not specifically addressed in CAO LIS
08-083. Also, this First Amended CAO neither exonerates Respondent from any past,
present, or future conduct that is not expressly addressed in CAO LIS 08-083, nor does
this First Amended CAO relieve Respondent of responsibility for obtaining any
necessary permits.
7. All provisions of CAO 08-083 not explicitly modified by CAO LIS 08-083-001 shall
remain in full force and effect and are hereby incorporated by reference.
8. This Order has been reviewed and approved by the City Council of the
Respondent in a duly convened meeting with a quorum present. See copy of [meeting
minutes or resolution] attached as Exhibit A.
City of Batesville, AR0020702, Amendment to (,'AO Page 3 of 4
9. The City Council of the Respondent has authorized the Mayor and City
® Clerk/Treasurer to sign this First Amended Order on behalf of the Respondent. See
Exhibit A.
SO ORDERED THIS DAY OF 2015.
BECKY W. KEOGH, DIRECTOR
APPROVED AS TO FORM AND CONTENT:
City of Batesville
BY:
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(Typed or printed nam
TITLE: 1C)La0 f
DATE:
City of Batesville, AR0020702, Amendment to CAO Page 4 of 4
ADEQ
A R K A N S A S
(W Department of Environmental Quality
June 2, 2015 CERTIFIED MAIL: 91 7199 9991 7030 4937 8962
Honorable Rick Elumbaugh
Mayor, City of Batesville-WWTF
500 East Main
Batesville, AR 72501
RE: NPDES Permit No. AR0020702, AFIN 32-00044
Proposed Amendment No. 001 to Consent Administrative Order LIS 08-083
Dear Mayor Elumbaugh:
On March 2, 2015, the City of Batesville submitted an update to the milestone schedule
that extended some of the work completion dates of the corrective actions needed to
comply with addressing sanitary sewer overflow issues as required by CAO LIS 08-083.
Enclosed is a copy of the proposed amended CAO LIS 08-083-001 to reflect the
updated milestone schedule. Please sign, date and return the original embossed
copy to the address below within twenty (20) calendar days of receipt of this letter. A
City Council Resolution that approves the CAO and authorizes the Mayor and
Clerk/Treasurer to sign the CAO on behalf of the City of Batesville must also be
submitted. Subsequently, the Director of ADEQ will sign the CAO and you will be
provided a copy, including information on the public notice process and the effective
date of the CAO.
Please refer to CAO LIS No. 08-083 in any written correspondence to ADEQ. Should
you have any questions, please contact me at 501-682-0632 or by email at
trotta@adeq.state.a r.us.
Sincerely,
Jacqueline Trotta
Enforcement Analyst
Water Division, Enforcement Branch
L
ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY
5301 NORTHSHORE DRIVE/NORTH LITTLE ROCK/ARKANSAS 721 18-531 7/TELEPHONE 501-682-0744/ FAX 501-682-0880
www.adeq.state.ar.us