FW: CHTC - stormwater and sewer violation information

From: Gerald Fisher

Sent: Tue Jun 23 12:16:25 2020

To: Julie Larson (Molalla)

Subject: FW: CHTC - stormwater and sewer violation information

Importance: Normal

Attachments: DEQ Inspection Report from 01-16-2020 report.pdf;

FYI

Regards,

Gerald Fisher, P.E. | Public Works Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Office: 503.829.6855 | Direct: 503.759.0218

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From: Gerald Fisher

Sent: Monday, June 15, 2020 3:42 PM

To: Amy Lindgren <alindgren@molallapolice.com>

Cc: Alice Cannon (Molalla) <acannon@cityofmolalla.com>; Dan Huff <dhuff@cityofmolalla.com>; Dan Zinder <dzinder@cityofmolalla.com>

Subject: CHTC - stormwater and sewer violation information

Hi Amy,

Just finished meeting with Alice and we have boiled it down to the following items for your case with CHTC. Alice will be emailing Brandon Bertilson, DEQ to confirm his verbal statement that DEQ will not be issuing a violation to CHTC for not having a 1200-C permit in place.

Question #1 – Is CHTC an industrial facility under the City municipal code?

Answer – Yes in accordance with the definitions listed in 13.08 and 13.13.

13.08.010 Definitions.

“Industrial facility” means an establishment primarily engaged in manufacturing, processing or fabrication of goods.

13.13.010 Definitions.

“Industrial facility” means an establishment primarily engaged in manufacturing, processing or fabrication of goods.

Question #2 – Is CHTC and Industrial user under the City municipal code?

Answer – Unknown. CHTC failed to complete the industrial pretreatment form submitted to them which is a violation of 13.08.550 Restricted discharges and pretreatment, Section J Special Agreements Not Restricted, Subsection 2 which states, “When requested, an industrial user must submit information on a survey form prepared by the Director of Public Works before commencing discharge into the City wastewater system, identifying the nature and characteristics of the user’s wastewater. The Director may periodically require industrial users to update the survey. Failure to complete this survey within the time set by the Director is grounds for terminating service to the industrial user.” Therefore, we are not able to determine if CHTC meets the following definitions below.

13.08.010 Definitions.

“Industrial user” means any user engaged in the introduction of pollutants into a Publicly Owned Treatment Works (POTW) from any non-domestic source regulated under Section 307(b), (c) or (d) of the Federal Water Pollution Control Act, Title 33 U.S.C. 1251.

13.13.010 Definitions.

Violations of this section of the sewer code are as follows:

13.08.700 Violation—Notice.

Unless otherwise stated in section of this chapter, any person found to be violating any provision of this chapter shall be served by the City with written notice stating the nature of the violation and providing a 14-day time limit for the satisfactory correction thereof. (Ord. 2020-03 §1)

13.08.710 Violation—Penalty.

Any person who continues any violation beyond the time limit provided for in Section 13.08.700 shall be guilty of a violation and, on conviction thereof, shall be fined in the amount set by Council resolution or subject to fines established per code Section 1.04.010, general provisions for each violation. Each day in which any such violation continues shall be deemed a separate offense. Failure to comply with a written directive or timeline of the City Manager made under the authority of this chapter is a punishable offense and may result in a temporary loss of City water and sewer services. (Ord. 2020-03 §1)

13.08.720 Violators liable to City.

Any person violating any of the provisions of this chapter shall become liable to the City for any expense, loss, or damage occasioned by the City of Molalla by reason of such violation. (Ord. 2020-03 §1)

1.04.010 Designated.

A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of any ordinance of the city is guilty of a violation. Except in cases where a different penalty is prescribed by any ordinance of the city, any person found in violation must pay a fine not to exceed $1,000.00.

B. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, and he or she shall be punished accordingly. (Ord. 2011-01 §1; Ord. 1982-3 §2)

13.08.550.GG. Civil Penalties—Industrial Users Only.

1. The Director may impose upon any industrial user that has violated or continues to violate this chapter, any order or permit hereunder, or any pretreatment standard or pretreatment requirement a maximum civil penalty of $2,500.00 per violation per day. In the case of a monthly or other long-term average discharge limit, penalties may accrue for each day during the period of this violation.

2. Where appropriate, the Director may accept mitigation projects in lieu of the payment of civil penalties where the project provides a valuable service to the City and the industrial user’s expense in undertaking the project is at least 150 percent of the civil penalty.

3. For purposes of this section, the term “civil penalty” means the same as the term “administrative fine” as set forth in any enforcement response plan adopted by the City Council pursuant to this chapter’s authority. Any civil penalty assessed pursuant to this section will be based on the severity of the violation using the factors outlined in the enforcement response plan.

13.08.550.HH. Civil Penalties—Nonindustrial Users.

1. A violation of Section 13.08.550(GG) or 13.08.550(N) is punishable by a civil penalty not exceeding $2,500.00.

2. A violation of any other provision of this chapter is punishable by a civil penalty of $1,000.00 in accordance with Chapter 1.04.

3. Any civil penalty assessed pursuant to this section will be based on the severity of the violation using the factors outlined in a City Council-adopted enforcement response plan, even if the offender is not a party to that plan.

Depending on the completion of the survey will determine whether they fall under GG or HH. Without knowing what the industrial user is using, we would default to GG until the industrial user can prove otherwise.

Question #3 – Is CHTC discharging industrial wastes to the sanitary sewer system or stormwater system.

Answer #3 – Also unknown and subject to the results of Answer #2.

13.08.010 Definitions.

“Industrial wastes” means the liquid wastes from any industrial user. A user in the divisions listed in industrial user may be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences.

13.13.010 Definitions.

Question #4 – Is CHTC discharging stormwater to a Natural Outlet.

Answer #4 – Yes based on attached report from DEQ stating that the stormwater discharges to Bear Creek which is a body of surface water that is part of the City’s TMDL permit and municipal code definition below.

13.13.010 Definitions.

“Natural outlet” means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

Question #5 – Is CHTC discharging stormwater to a natural outlet without treatment.

Answer #5 – Yes. See attached report from DEQ and municipal code below.

13.13.250 Treatment of storm sewer required.

It is unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any untreated stormwater or other polluted substances. All discharges shall comply with the Molalla Public Works Standards and its NPDES permit issued by the DEQ. Stormwater shall be protected from soap, wax or other pollution runoff from vehicle wash facilities. (Ord. 2020-05 §1)

Question #6 – Is CHTC discharging sediment laden stormwater to a natural outlet without proper site erosion control.

Answer #6 – Yes. See attached report from DEQ and specifically images #22-28 showing significant ground disturbance and unprotected inlet. See also municipal code section and Public Works Standard section below. Violations of the standards in section 12.12 are considered general provision violations in municipal code 1.04.

13.13.520 Certain discharges subject to approval.

No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Director of Public Works that such wastes can harm the storm sewer system or public drainageways. The substances prohibited are including but not limited to the following:

A. Any untreated stormwater as defined in Section 13.13.010;

I. Stormwater discharges containing unusual concentrations of inert suspended solids or discoloration;

13.13.600 Construction—Erosion prevention and sediment control.

A. Purpose. These regulations contained herein, together with the current version of the Molalla Public Works Standards will be referred to herein as “these Standards.” The purpose of these Standards is to establish uniform requirements for land development and construction-related activities in order to control the occurrence of erosion and to prevent the creation, migration and/or transport of erosion at the source during construction and land development.

B. Standards. These Standards shall be administered and enforced by the Public Works Director or designee. The Public Works Director shall have the authority to develop and implement procedures, forms, policies, and interpretations for administering the provisions of these Standards.

C. ESC Permit Required. An ESC applicant must obtain an ESC permit from the DEQ and a City of Molalla Public Works permit before commencing any ground disturbing activity affecting 500 square feet or greater, cumulatively, throughout the duration of development, redevelopment, or other construction related activity of a parcel or parcels. A copy of the approved DEQ 1200-C permit shall be submitted to the Public Works Director before issuance of any Public Works permit and before any clearing or grading shall be allowed to proceed.

Public Works Standards adopted in 2017 and updated in 2020

1.18 ENVIRONMENTAL PROTECTION, EROSION PREVENTION, AND SEDIMENT CONTROL

1.18.1 Introduction

This section identifies requirements for erosion prevention and sediment control. The provisions are intended to prevent or reduce adverse impacts to the City’s drainage system and water quality. In combination with other federal, state, and local laws and ordinances, the requirements are intended to protect the beneficial uses of state waters.

1.18.4 Erosion Prevention and Sediment Control

Erosion Prohibited

a. Visible or measurable erosion that enters, or is likely to enter, the public or private stormwater and surface water system or other properties is prohibited and is a violation of these standards. An offsite sedimentation control facility may be utilized if it has been identified and approved in writing by the City’s authorized representative, written approval is obtained from the respective property owner, and a written agreement for rehabilitation of the facility by the applicant or contractor is submitted to the City. The owner of the property or the applicant under a Public Works Permit, together with any person or persons, including but not limited to the contractor or the design engineer causing such erosion, shall be held responsible for violation of the City’s standards.

b. No person shall create physical erosion by dragging, dropping, tracking, or otherwise placing or depositing, or permitting to be deposited, mud, dirt, rock, or other such debris on a public street, or into any part of the public stormwater and surface water system, or into any part of a private stormwater and surface water system that drains or connects to the public stormwater and surface water system. Any such deposited material shall be immediately removed by hand labor or mechanical means. No material shall be washed or flushed into any part of the stormwater and surface water system until all mechanical means to remove the debris are exhausted and preventive sediment filtration is in place.

c. The owner of the property or the applicant under a Public Works Permit, together with any person or persons, including but not limited to the contractor or the design engineer who causes such erosion, shall be held responsible for violation of these Standards.

Chapter 12.12 PUBLIC WORKS STANDARDS

12.12.010 Adoption of design and construction specifications.

The City of Molalla adopts current version Molalla Public Works Standards and City standard detail drawings for design and construction standards or as determined by the Public Works Director. (Ord. 2017-04 §1)

1.04.010 Designated.

While DEQ stated to Alice in a phone conversation that they were not pursuing a 1200-C permit violation, it is clear from the images that they did not meet the requirements of the Public Works Standards or the City’s Total Maximum Daily Load permit for stormwater. Our contact for stormwater permit issues is Kristi Asplund, DEQ Basin Coordinator and her information is listed below. Let me know if you need me to contact her and confirm if Owen Rudloff or David Graiver are part of her group. Thanks.

Kristi Asplund, Basin Coordinator

Oregon DEQ

700 NE Multnomah St #600,

Portland, OR 97232

Asplund.kristi@deq.state.or.us

Phone: 503‐229‐6254

Regards,

Gerald Fisher, P.E. | Public Works Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Office: 503.829.6855 | Direct: 503.759.0218