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Home My WebLink About1998.12.01_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY TYPE OF MEETING: Regular DATE: December 1, 1998 TIME: 6:30 p.m. PLACE: Council Chambers, Owasso Community Center Notice and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 p.m. on Wednesday, November 25, 1998. Marci outwell, Authority Secretary AGENDA 1. Call to Order 2. Flag Salute 3. Roll Call 4. Consideration and Appropriate Action Relating to a Request for Approval of the Consent Agenda. All matters listed under "Consent" are considered by the Trustees to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from consent by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of the Minutes of November 17, 1998 Regular Meeting. Attachment #4 -A B. Approval of Claims. Attachment #4 -13 Owasso Public Works Authority December 1, 1998 Page 2 5. Consideration and Appropriate Action Relating to Trustee Approval of a Consent Order With the Oklahoma Department of Environmental Quality. Mr Carr Attachment #5 The staff will recommend Trustee approval of the Consent Order and authorization for the Chair to execute the document. 6. Report from OPWA Manager 7. Report from OPWA Attorney 8. New Business 9. Adjournment ' NOTICE OF PUBLIC MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY ' TYPE OF MEETING: Regular DATE: December 1, 1998 ' TIME: 6:30 p.m. PLACE: Council Chambers, Owasso Community Center Notice of Addendum filed in the office of the City Clerk and posted on the City Hall bulletin board at 10:00 a.m. on Monday, November 30, 1998. Marci outwell, City C erk ' ADDENDUM TO AGENDA Items numbered 1 thru 5 on the agenda filed on November 25, 1998, shall remain the same. Items ' numbered 6 thru 9 are now numbered 7 thru 10. The following is submitted for addendum thereof and becomes item number 6. 6. Consideration and Appropriate Action Relating to Change Order #1, a Change Order to a Contract Between the Owasso Public Works Authority and HMG for Construction of the Elm Creek Interceptor Sewer Project. Mr Lutz See Attachment # 9 in the City Council Agenda The staff will recommend Trustee approval of Change Order #1, increasing the contract ' amount by $89,560.55 for costs associated with revised easement alignments, drop manholes and tap risers for future connections, for a total contract amount of $1,586,029.75. 7 OWASSO PUBLIC WORKS AUTHORITY MINUTES OF REGULAR MEETING ' Tuesday, November 17, 1998 The Owasso Public Works Authority met in regular session on Tuesday, November 17, 1998 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, November 13, 1998. iITEM 1: CALL TO ORDER ' Chairman Bode called the meeting to order at 6:43 p.m. ITEM 2: FLAG SALUTE ' The flag salute was given during the City Council meeting preceding this meeting. ' ITEM 3: ROLL CALL PRESENT ABSENT Denise Bode, Chair Melinda Voss, Trustee Mark Wilken, Vice Chair Duston Smith, Trustee Mary Lou Barnhouse Trustee STAFF Jeff Hancock, City Manager Ronald D Cates, Authority Attorney Marcia Boutwell, Authority Secretary i ITEM 4: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A. Approval of the Minutes of November 3, 1998 Regular Meeting. NJ B. Approval of Claims yl Ms Barnhouse moved, seconded by Mr Wilken, to approve the consent agenda. The consent agenda included minutes of the November 3, 1998 regular meeting, by reference made a part hereto. Item B ' on the consent agenda included the following claims: (1) OPWA Fund $257,044.27; (2) OPWA Capital Improvement Fund $15,000.40; (3) Payroll $28,299.58. AYE: Barnhouse, Wilken, Bode NAY: None Motion carried 3 -0. P. w Owasso Public Works Authority ITEM 5: REPORT FROM OPWA MANAGER No report. ITEM 6: REPORT FROM OPWA ATTORNEY No report. ITEM 7: NEW BUSINESS None. ITEM 8: ADJOURNMENT Ms Barnhouse moved, seconded by Mr Wilken, to adjourn. AYE: Barnhouse, Wilken, Bode NAY: None Motion carried 3 -0, and the meeting was adjourned at 6:44 p.m. Marcia Boutwell, Authority Secretary 2 November 17, 1998 Denise Bode, Chairperson 17 L - CITY OF OWASSO tOWASSO PUBLIC WORKS AUTHORITY 11/25/98 8:41:43 A/P CLAIMS REPORT APAPVR PAGE: 11 PO it VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ---------- - - - - -- IPWA ADMINISTRATION 7 L 990006 HOWARD STAMPER RETAINER /SERVICES 150.00 ' 990013 AT &T WIRELESS SERVICES PAGER USE 7.03 990286 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 89.95 991374 ACTION PLUMBING BACK -FLOW PREVENTER 275.00 ' 991389 LESSONS IN LEADERSHIP CONFERENCE FEE -CARR 199.00 991448 PSO 10/98 USE 202.89 991449 SOUTHWESTERN BELL TELE 10/98 PLEXAR 86.04 ' 991450 OKLAHOMA NATURAL GAS 10/98 USE 23.15 16.64 991453 SUBURBAN OFFICE SUPPLY OFFICE SUPPLIES ' DEPARTMENT TOTAL =___> 1,049.70 ,,'JTILITY BILLING ------------------------------ 990722 US POSTMASTER UTILITY BILL POSTAGE 1,500.00 ' DEPARTMENT TOTAL =___> 1,500.00 j.WATER ------------------------------ 990013 AT &T WIRELESS SERVICES PAGER USE 28.12 990448 WATER PRODUCTS INC REPAIR /MAINT SUPPLIES 202.97 990663 BROWN FARMS SOD SOD- REPAIRS 17.50 990793 KIMBALL ACE HARDWARE MAINT /REPAIR SUPPLIES 35.77 �1 990969 ARKANSAS EXCELSIOR HOTEL LODGING -CARR 388.39 991102 RADIO SHACK 2 -WAY RADIOS 209.95 991110 GO SYSTEMS FUEL 10/98 142.44 991250 APAC - OKLAHOMA, INC. RIP RAP -WATER LINE 595.44 ' 991427 TREASURER PETTY CASH REIMB PETTY CASH 15.00 991448 PSO 10/98 USE 380.02 ' 991449 SOUTHWESTERN BELL TELE 10/98 PLEXAR -------- - DEPARTMENT TOTAL =___> 2,062.00 WASTEWATER TREATMENT PLANT t ---- --------- ------ 990013 AT &T WIRELESS SERVICES PAGER USE 21.09 990468 WAL -MART OFFICE SUPPLIES 128.77 991110 GO SYSTEMS FUEL 10/98 13.65 991229 AQUA -BEN CORP SLUDGE TANK CHEMICALS 336.45 7 L CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY 11/25/98 8:41:43 A/P CLAIMS REPORT APAPVR PAGE: - - -PO # VENDOR DESCRIPTION --- AMOUNT - - -- ----- ------------------- - - - - -- ------------------- - - - - -- 991249 MAXWELL OIL CORP MAINT SUPPLIES 991448 PSO 10/98 USE 991449 SOUTHWESTERN BELL TELE 10/98 PLEXAR DEPARTMENT TOTAL = = = => WASTEWATER COLLECTION ------------------------ - - - - -- 990013 AT &T WIRELESS SERVICES 990446 WATER PRODUCTS INC 991110 GO SYSTEMS 991427 TREASURER PETTY CASH 991448 PSO 991450 OKLAHOMA NATURAL GAS DEPARTMENT TOTAL = = = => REFUSE COLLECTIONS ------------------------ - - - - -- PAGER USE REPAIR/MAINT SUPPLIES FUEL 10/98 REIMB PETTY CASH 10/98 USE 10/98 USE 990964 WASTE MANAGEMENT OF OKLA COMM REFUSE 10/98 991110 GO SYSTEMS FUEL 10/98 991110 GO SYSTEMS FUEL 10/98 DEPARTMENT TOTAL RECYCLE CENTER ------------------------ - - - - -- 990013 AT &T WIRELESS SERVICES PAGER USE 990711 WASTE MANAGEMENT OF OKLA RECYCLE REFUSE 991448 PSO 10/98 USE 991449 SOUTHWESTERN BELL TELE 10/98 PLEXAR DEPARTMENT TOTAL = = = => FUND TOTAL = = = => 405.48 7,041.45 43.02 7,989.91 14.06 113.00 220.75 15.00 594.02 91.85 1,048.68 14,741.00 469.31 131.90 15,342.21 7.03 1,083.89 156.84 20.89 1,268.65 30,261.15 12 11 I I n L . 11 CITY OF OWASSO OPWA CAPITAL IMPROVEMENT FUND 11/25/98 8:41:43 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- EBT - SERVICE ---------------------- - - - - -- 990002 BANK ONE TRUST CO, NA OWRB LOAN 990002 BANK ONE TRUST CO, NA OWRB LOAN DEPARTMENT TOTAL =___> FUND TOTAL =___> IN i , lu 11 4,345.34 24,188.50 28,533.84 28,533.84 13 CITY OF OWASSO OPWA SALES TAX FUND 11/25/98 8:41:43 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- REVENUE BONDS ------------------------ - - - - -- 990001 BANK ONE TRUST CO, NA 990001 BANK ONE TRUST CO, NA DEPARTMENT TOTAL = =_ => FUND TOTAL GRAND TOTAL 1997 REVENUE BONDS 1998 REVENUE BONDS 39,023.33 81,742.08 120,765.41 120,765.41 315,564.66 1 1 1 1 1 1 1 1 1 1 1 1 1 1 OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 11/21/98 APPROVED: 12/01/98 Chairman Trustee Trustee OVERTIME TOTAL DEPARTMENT EXPENSES EXPENSES .................................................................................................................................................................. OPWAdmxrustraon <......: .... fl t0 ............I.................. X7,132.87 ......... _.:....._._ Utility Billing 0.00 1,796.46 Water.. ... ...... .......... 5 ill _ . ...... .:............. 3,11343:::: .. .... Wastewater 1025.30 6,577.65 ....... Waste water: QIlec.ton > < ...................... '' 5281 ........... . ..:.:. 4,44517 . Refuse 0.00 4,419.53 .......................... ___ _ _ _ Recycle tenter __ _ . ....... 0 00 1,53.9.06 ; APPROVED: 12/01/98 Chairman Trustee Trustee I MEMORANDUM ke TO: Honorable Chair and Trustees Owasso Public Works Authority FROM: F. Robert Carr, Jr., P.E. Public Works Director ,/ SUBJECT: CONSENT ORDER FROM ODEQ DATE: November 23, 1998 BACKGROUND: On June 18, 1998, representatives from the Oklahoma Department of Environmental Quality (ODEQ) conducted their yearly Compliance Evaluation Inspection of the Wastewater Treatment Facility. The purpose of the inspection was to evaluate compliance with the EPA/State Joint NPDES permit. The report of findings is attached. ' A letter accompanying a copy of the report was received on July 24, 1998 indicating some "violations" that were noted during the inspection. It was stated in the letter that: t within thirty (30) days of this letter, Owasso needs to take whatever corrective action is necessary to correct these violations. A written report detailing the corrective actions is needed for documentation purposes by the Department. If violations can not be corrected ' within thirty days, the report must include a schedule for correction of that item. The violations listed in the inspection letter are: - Numerous unpermitted discharges from the collection system have been documented since the last inspection - Sludge handling practices allow sludge to be discharged out of a storm drain. This discharge needs to be eliminated - The supervisor of collection and distribution is required to have a C operator's license for both wastewater and water ' In accordance with established ODEQ/EPA Regulations, incidents of unpermitted discharges (termed "bypasses") are reported by calling ODEQ and including a written list with the monthly wastewater treatment plant discharge report to ODEQ. These incidents can be the result of temporary sewer tblockages, blockage of individual service line connections on private property, lift station outages, and overflows resulting from infiltration/inflow during wet weather conditions. Page 2 ' Consent Order NOTICE OF VIOLATION LETTER: Within thirteen (13) days of the original inspection report letter, the City received a "Notice of Violation (NOV)," dated August 5, 1998, concerning the number of bypass reports submitted to ODEQ (referencing the inspection letter item concerning unpermitted discharges). Public Works Department staff was in the process of responding to the inspection letter. Provisions of the NOV indicated the following: - Within thirty (30) days, corrective action to eliminate and prevent recurrence of the violations need to be taken. - Submit a report detailing the specific actions taken and why such actions are sufficient to prevent recurrence. - In the event correction is not possible, a comprehensive plan for expeditious elimination and prevention shall be submitted within thirty (30) days. The plan shall provide specific corrective actions and a schedule for achievement of compliance. RESPONSE TO NOV LETTER: A draft response to the NOV was prepared and hand- delivered at a meeting with DEQ representatives on September 3, 1998. As a result of this meeting, some modifications to scheduled design/construction activities were made. A final response to the NOV was provided by the city in a letter dated September 10, 1998 (see attached). This letter was to serve as a basis for corrective items included in a Consent Order. CONSENT ORDER: DEQ formalized the items in the NOV and issued a Consent Order (CO) that was received on October 27, 1998. The document was reviewed by staff and the City Attorney. As a result of the review, some wording modifications/additions were proposed to DEQ. A revised copy of the Consent Order was received that incorporated the city comments. A schedule of items included in the CO is listed in Table 1. , ACTIONS TAKEN: 1 Public Works staff have initiated action in response to the CO. Elimination of bypasses in the vicinity of the 106th Street Lift Station is to occur with the construction of the North Owasso Interceptor. M Page 3 Consent Order HUB+Garver has completed preliminary design of the interceptor. Based on availability of funding from the remaining OWRB loan monies and acquisition of right -of -way, construction should begin ' in the Spring 1999. As a result of this project, a significant portion of the reported bypasses would be eliminated. Preliminary costs for this project are estimated to be approximately $693,000. Wastewater Collection field personnel have already begun locating manholes, raising manholes in low -lying areas, eliminating roof drain connections and smoke testing to determine possible sources of I/I in the older sections of the collection system (i.e., El Rio Vista, Ator and Old Town). A project to replace cracked clay tile pipe was completed in 1995 that removed significant amounts of UI related flow. Unfortunately, additional UI is still occurring that should be eliminated. Identification of III sources is time consuming and labor intensive. A plan to transfer a onion of the wastewater flow from Ator to the Ranch Creek Interceptor, P p thereby divert flow from the Old Town collection system has been developed and included in the Wastewater Master Plan. Construction plans will need to be prepared for the project, but diversion of the flow should eliminate most of the remaining bypass problems in Ator and Old Town. Cost of this project is expected to be approximately $200,000. RECOMMENDATION: in Staff recommends Trustees approval of the Consent Order (Case Number 98 -288) with the Oklahoma Department of Environmental Quality and authorization for the Chair to execute the same. IATTACHMENTS: 1. Table 1 - Consent Order Tasks 2. NOV Response to ODEQ dated September 10, 1998 3. Consent Order �7 1 I �' Table 1 CONSENT ORDER TASKS Collection System Improvements Project Number 1 - Interceptor to Eliminate 106' Street Pump Station Task Date Final plans and specifications January 1, 1999 Start Construction July 1, 1999 Complete Construction February 1, 2000 Project Number 2 - Interceptor to Eliminate Ator Pump Station Task Dale Begin design July 1, 1999 Preliminary en Bering report December 1, 1999 Final plans and specifications July 1, 2000 Start construction December 1, 2000 Complete construction September 1, 2001 Project Number 3 - Main Lift Station Expansion Task Date Preliminary engineering report December 1, 1999 Final plans and specifications March 1, 2001 Start construction October 1, 2001 Complete construction March 1, 2003 Wastewater Treatment Plant Due to system growth, expansion of the wastewater treatment facility is required. Improvements to the Main Lift Station are contingent upon the plant having capacity to accept the wastewater flow. The plant expansion is shown for inclusion in the overall proposed schedule. Task Date Initiate design February 1, 1999 Preliminary Engineering report December 1, 1999 Complete design April 1, 2000 Begin construction June 1, 2000 Construction complete January 1, 2002 Sewer System Evaluation , Work will be divided into two (2) areas in the older portions of the city. These areas are north of East 86th Street North in the Ator and south of East 86th Street North in Old Town. North Area - Ator ' Task Date Assessment initiated October 1, 1998 Complete manhole locations and assessment July 1, 1999 Preliminary flow monitoring completed October 1, 1999 Smoke testing and data collection completed January 1, 2000 Design repair schedule and cost determination April 1, 2000 Spot repairs of system complete October 1, 2000 Comparative flow monitoring completed January 1, 2001 South Area - Old Town Task Date Assessment initiated October 1, 2000 Complete manhole locations and assessment July 1, 2001 Preliminary flow monitoring completed December 1, 2001 Smoke testing and data collection completed July 1, 2002 Design repair schedule and cost determination December 1, 2002 ' Repairs of system complete July 1, 2003 Comparative flow monitoring completed January 1, 2004 1 ATTACHMENT 1 ■ Task Date City of Owasso ■ specifications ODEQ ' Start Construction 207 South Cedar a — - °� Complete Construction PO Box 180 ■ Pump Owasso, OK 74055 Project Number 2 - Interceptor to Eliminate Ator Task Date ' September 10, 1998 July 1, 1999 Submit preliminary engineering December 1, 1999 Mr. Carl Parrott ' Water Quality Division Oklahoma Department of Environmental Quality 707 North Robinson ' Oklahoma City, OK 73117 -1212 Re: Docket No. S- 21310 -98 -1 Facility No. S -21310 NPDES Permit OK0020303 (918) 272 -2251 FAX (918) 272 -4999 ' Dear Mr. Parrott: ' This letter is a follow -up to our meeting on September 3, 1998 amending the schedule of items in our letter response to the Notice of Violation (NOV) from your office dated August 5, 1998 on the above referenced discharge permit. Based on review of our proposed projects, the following ' revised schedule is proposed: I Collection System Improvements Proiect Number 1 - Interceptor to Eliminate 106a' Street Pump Station ATTACHMENT 2 Task Date Submit final plans and January 1, 1999 specifications ODEQ ' Start Construction July 1, 1999 Complete Construction February 1, 2000 ■ Pump Station Project Number 2 - Interceptor to Eliminate Ator Task Date Begin design July 1, 1999 Submit preliminary engineering December 1, 1999 report to ODEQ ATTACHMENT 2 Page 2 Follow -up Response to ODEQ concerning Notice of Violation City of Owasso September 10, 1998 Submit final plans and specifications Start construction Complete construction Project Number 3 - Main Lift Station Expansion Task Submit preliminary engineering report to ODEQ Submit final plans and specifications Start construction Complete construction July 1, 2000 December 1, 2000 September 1, 2001 Date December 1, 1999 March 1, 2001 October 1, 2001 March 1, 2003 Wastewater Treatment Plant Due to system growth, expansion of the wastewater treatment facility is required. Improvements to the Main Lift Station are contingent upon the plant having capacity to accept the wastewater flow. The plant expansion is shown for inclusion in the overall proposed schedule. Task Initiate design Complete design Bid/award complete Begin construction Construction complete Date December, 1, 1998 December 1, 1999 March 15, 2000 June 1, 2000 January 1, 2002 Sewer System Evaluation Work will be divided into two (2) areas in the older portions of the city. These areas are north of East 86th Street North in the Ator and south of East 86th Street North in Old Town. Page 3 Follow -up Response to ODEQ concerning Notice of Violation ' City of Owasso September 10, 1998 ' We believe that these projects c an b e accomplished in the indicated time periods. Funding availability will be assessed based on the schedules provided. I I ' North Area - Ator Task Date Assessment initiated October 1, 1998 Complete manhole locations and July 1, 1999 assessment ' Preliminary flow monitoring completed October 1, 1999 Smoke testing and data collection January 1, 2000 completed ' Design repair schedule and cost April 1, 2000 determination Spot repairs of system complete October 1, 2000 Comparative flow monitoring completed January 1, 2001 South Area - Old Town ' Task Date Assessment initiated October 1, 2000 Complete manhole locations and July 1, 2001 ' assessment Preliminary flow monitoring completed December 1, 2001 ' Smoke testing and data collection July 1, 2002 completed ' Design repair schedule and cost December 1, 2002 determination ' Repairs of system complete July 1, 2003 Comparative flow monitoring completed January 1, 2004 ' We believe that these projects c an b e accomplished in the indicated time periods. Funding availability will be assessed based on the schedules provided. I I Page 4 Follow -up Response to ODEQ concerning Notice of Violation City of Owasso September 10, 1998 Questions concerning the content of this letter can be directed to this office at (918)272 -4959. Sincerely, OWASSO PUBLIC WORKS DEPARTMENT F. Robert Carr, Jr., P.E. Public Works Director cc: City Council J. Jeff Hancock, City Manager Ron Cates, City Attorney 11/24/9 8 13:30 DEQ WATER QUALITY DIVISION a t#989934S799191827249 NO.193 ' TffE DEPARTMENT OF ENVIRONMENTAL R QUALITY DIVISION OF STATE OF OKLAHOMA F. ' IN THE KATTER OF: ) Owasso Public Works ) Authority, } Respondent, ) Case No. 98 -288 Water Quality Divisiou, ) Petitioner. ) S -21310 ) NPDES No. OK0020303 ) CONSENT ORDER t The Oklahoma Department of Environmental Quality ( "DEQ ") and the Owasso Public Works Authority ( "Respondent ") (collectively "Parties ") desire to resolve issues of compliance with DEQ involving certain violations, without the necessity for formal administrative or judicial proceedings and hereby agree to this Consent Order. FINDINGS OF FACT 1. The Respondent, owns and operates a publicly -owned treatment works (POTW ) which serve residents Owasso, Tulsa County, Oklahoma. The treatment works consists of a wastewater collection system which transports wastewater to an oxidation ditch wastewater treatment facility. 2. Upon inspection of the bypass reports, which were submitted to the Department by the Respondent, it was found that the POTW is bypassing untreated or partially treated wastewater from manholes and other collection system structures to the waters of the state. The POTW experienced forty -six (46) bypasses in 1997 and fifty -four (54) bypasses thus far in 1998. i Attaclunent "A" contains a frill summary of these bypasses. Respondent does not have a permit '' : ATTACHMENT 3 11/24/98 13:30 DEG WATER QUALITY DIVISION 4 #9899346799191827249 NO.193 D03 for the bypasses contained in Attachment A. Such bypasses constitute unpermitted discharges of wastewater to waters of the state which is in violation of 27A O.S. § 2- 6- 205(A) (Supp. 1998) and OAC 252:605 -3 -1. Failure of the Respondent to comply with the rules stated above may result in harm to the environment or health and well being of the affected public. By discharging without a permit, the Respondent could not verify that the effluent is meeting Oklahoma's Water Quality Standards - 4. On September 11, 1998, DEQ received a proposed schedule from the Respondent for a multi -phase program to eliminate unpermitted discharges from the Respondent's wastewater collection system. 5. The DEQ sent Respondent a Notice of Violation (NOV) concerning a portion of the discharges listed in Appendix A on August 5, 1998. Respondent received the:NOV on August 6, 1998. 6. The Parties agree that it is in their mutual interest to resolve these matters expeditiously and without the need for formal proceedings. 7. The Parties waive the filing of a petition as predicate for this Consent Order. CONCLUSIONS OF LAW 8. DEQ is the regulatory authority and has jurisdiction in Oklahoma over the violations of OAC 252:605, pursuant to 27A O.S. § §2 -6-201 through 2 -6 -206 (Supp. 1998). 9. The facts stated above constitute a violation(s) of OAC 605 -3 -1 and 27A O.S. § 2- 6- 205(A) (Supp. 1998), for which an Order may be entered. 10. The Parties may agree to this Consent Order pursuant to 75 O.S. §309(E) (Supp. 1998). 11, The Executive Director of DEQ may enforce this Consent Order pursuant to 27A G.S. § 2- 3- 202(A) (10) (Supp. 1998). 11/24:98 13:30 DEQ WATER QUALITY DIVISION 4 99899346799191827249 ORDER Based upon the foregoing, the Parties agree, and it is ordered, as follows: NO. 193 904 12. The Respondent will construct all necessary improvements to the wastewater collection system in accordance with OAC 252:605 and OAC 252:655. 13. The Respondent shall cease any and all unpennitted discharges from the wastewater collection system. 14, The Respondent shall take all reasonable and necessary steps to ensure there are no further unpermitted discharges from the wastewater collection system. 15. This Consent Order closes and supercedes the NOV issued on August 5, 1999. 16_ The Respondent will complete the following tasks by the dates specified below: Task Project Name i Preliminary ( ) (ii) Plans and Specifications (iii) Start Construction (iv) Complete Construction Engineering 146 Report January 1, 1999 July 1, 1999 February 1, 2000 A, Interceptor to eliminate Street Lift Station Ator December 1, 1999 July 1., 2000 December 1, 2000 September 1, 2001 B_ Interceptor to eliminate C. Lift Station Main Litt Station Expansion December 1, 1999 March 1- 2001 October 1, 2041 March 1, 2003 D. Wastewater Treatment Plant December 1, 1999 April 1, 2400 June 1, 2000 January i, 2002 Expansion October 1, 2000 E, North Area (Ator) SSFS April 1, 2000 F. South Area (old Town) December 1, 2002 July 1, 2003 i SSES G. Prepare and submit reports to the DEQ within 14 days of each task date to advise this Department on compliance with the deadline 17. The Respondent shall take reasonable efforts to minimize any delays and will perform the requirements of this Consent Order within the approved schedule unless performance is prevented or delayed by events which constitute a force ma}eure. "Force 3 11/24/98 13:30 DEC WATER QUALITY DIVISION 4 #9599346799191827249 N0.193 Majeure," for purposes of this Consent Order, is defined as any event arising from causes beyond the reasonable control of the Respondent or their contractors, subcontractors or laboratories which delays or prevents the performance of any obligation under this Consent Order, such as, without limitation, acts of God; vandalism; fire; flood; labor disputes or strikes; weather conditions which would prevent or impair construction activities; civil disorder or unrest. Force majeure events do not include increased costs of performance of the tasks agreed to by the Parties, or changed economic circumstances. The Respondent shall notify the DEQ in writing within fifteen (15) days after Respondent knows or should have known of a Force Majeure event that will cause a delay or anticipated delay in achieving compliance with any requirement of the Consent Order. 18. This Consent Order: may be amended by mutual consent of the Parties. Such amendments shall be in writing and shall have as their effective date, the date on which they are signed by the DEQ. 19. Upon submission to DEQ, any final reports, platls, specifications, schedules, and attachments required are incorporated into this Consent Order. 24. No informal advice, guidance, suggestions or comments by DEQ regarding reports, plans, specifications, schedules, and other writing submitted by the Respondent will be construed as relieving or modifying the Respondent of its obligation to obtain written approval by DEQ, if and when required by this Consent Order. 21. Failure of the Respondent to respond within a reasonable time to any errors, deficiencies or other regulatory requirements identified by DEQ, or to implement the plans according to the approved terms, shall constitute a violation of this Consent Order, 22. The provisions of this Consent Order shall apply to and are binding upon the Parties, and upon their duly elected officers, directors and agents, in their official capacities. 23. The requirements of this Consent Order shall be deemed satisfied and this Consent Order terminated upon receipt by the Respondent of written notice from Dl✓Q that the Respondent has demonstrated that all the terms of the approved tasks have been completed to the satisfaction of DEQ. 4 1651A I ' 11/24/98 13:30 DEG WATER QUALITY DIVISION 4 #9899346799191827249 STIPULATED PENALTY N0. 193 IP06 24. In the event DEQ makes notification that the Respondent is not in compliance with the tasks set forth in this Consent Order, Respondent may request a hearing to contest the determination of noncompliance and/or the amount of fine by tiling a written request for a hearing. The request must be received within seven (7) calendar days after receipt of DEQ's notice. If Respondent fails to make a timely request, the stipulated penalty for each task of noncompliance shall be the maximum stun per day as follows: Task Penalty Per Day of Noncompliance A(ii) $150.00 A(iii) $200-00 A(iv) $200.00 B(i) $100.00 BOO $150.00 B(iii) $200.00 B(iv) $200.00 C(i) $100.00 C(ii) $150.00 C(iii) $200.00 COV) $200.00 D(i) $100.00 D(ii) $150.00 D(iii) $200.00 D(iv) $200.00 E(i) $100.00 E(iv) $200.00 F(i) $100.00 F(iv) $200.00 Notwithstanding the above, stipulated penalties for failure to complete the tasks by the specified due date shall begin to accrue on the day performance is due as indicated herein with a maximum aggregate penalty of $25,000. DEQ may reduce or Waive such stipulated penalty for good cause. 5 11/24:98 13:30 DEQ WATER QUALITY DIVISION - 49899346799191827249 NO.193 D07 25. In addition, the DEQ may take further enforcement action, which may include assessment of administrative penalties not to exceed the statutory rate established at 27A Q.S. §2.6.206 for any future discharges. ' 26. Any stipulated penalties for which the Respondent shall become liable under this Consent Order shall be paid by check made payable to the Oklahoma Department of Environmental Quality and noting for deposit in the Environmental Quality Revolving Fund and delivered to: ' Marilyn Simpson , Financial and Human Resources Management Department of Environmental Quality , P.O. 2036 Oklahoma City, Oklahoma 73101 -2036 27. In the event that the Respondent fails to pay the penalty as agreed to in this Consent Order, the DEQ may bring a separate action for collection of the penalty in district court or the administrative forum of the agency. An action for collection of the stipulated penalty will not waive the Respondent's duty to complete the tasks required by this Consent Order. NOTICE 2$. Unless otherwise specified, any report, notice, or other communication required under this Consent Order shall be in writing and shalt be sent to: For the Department of Environmental Quality: Patrick Rosch, District Representative Water Quality Division Department of Environmental Quality P.O. Box 1677 Oklahoma City, Oklahoma 73101 -1677 C-1 11/24/98 13:30 DEG WATER QUALITY DIVISION 4 #9899346799191827249 For the Owasso Public Works Authority: Ms. Denise Bode, Chair Owasso Public Works Authority P.O. Box 180 Owasso, Oklahoma 74055 RETENTION OF JURISDICITON NO. 193 Des 29. This Consent Order shall be enforceable as any other Order of the Executive Director of DEQ. The DEQ shall retain jurisdiction of this matter for the purposes of interpreting, implementing and enforcing the terms and conditions of this Consent Order and for the purpose of adjudicating all matters of dispute among the Parties. SE'VERABILITY 30. Nothing in this Consent Order shall be construed to relieve the Respondent of its obligation to comply with all applicable federal, state and/or local statutes or regulations. It is the intent of the Parties hereto that the provisions of this Consent Order shall be severable, and should any provisions be declared by a court of competent jurisdiction to be inconsistent with state or federal law, and therefore unenforceable, the remaining clauses shall remain in full force and effect. VENUE 31. The venue of any action commencing in district court for the purposes of interpretation, implementation and enforcement of the terms and conditions of this Consent Order shall be in Oklahoma County, Oklahoma. 7 11/24/98 13:30 DEQ WATER QUALITY DIVISION 4 99899346799191827249 NO.193 D09 Approved and effective as of the date of later signature below. FOR THE OWASSO PUBLIC WORKS AUTHORITY DENISE BODE Chair Date: ATTEST: Clerk 8 FOR THE DEPARTMENT OF ENVIRONMENTAL QUALITY MARK S. COLEMAN ' Executive Director - -- Date: