5h Agreed Order
Item No. 5h Agreed Order Date of Meeting December 13 2011 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office a 3190 160th Ave SE a Bellevue, WA 98008-5452 o 425-649-7000 711 for Washington Relay Service 6 Persons with a speech disability can call 8778336341 mi 02 2011 , Ms. Elizabeth Leavitt Agreed Order 875 5 Director, Aviation Planning & Docket No. Environmental Programs Site Location 17801 International Boulevard Port of Seattle . Seattle, WA 98158 Seattle-Tacoma International Airport PO. Box 68728 ' Seattle, WA 98168-0727 Re: Agreed Order Dear Ms. Leavitt: Enclosed is Agreed Order number 8755. The enclosed Order may not be appealed by the Port of Seattle. Please return the reviewed and signed Agreed Order to the Department of Ecology, Ed Abbasi, at 3190 160th Avenue SE, Belleyue, WA 98008-5452. Ecology will countersign the Agreed Order, and a copy will be sent to you promptly. The Order Will be effective on the date the agreement has been signed by all parties. '. If you have any questions concerning the content ofthe document, please contact Ed Abbasi at . (425) 649-7227 or eabb46l@ecy.wa. gov. Sincerely, ' rm/116?. WTQ evin C. Eitzpa '10 c Water Quality Section Manager Enclosure: Agreed Order No. 8755 By certied mail no: 7008 0150 0003 7591 7847 ECEIVED cc: Larry Altose, Ecology PIO Jeannie Summerhays, Ecology i ' Joan Marchioro, Ecology AG ' NOV _. ' 320" Jeiry Shervey, Ecology Ed Abbasi, Ecology , . PORT OF SEATTLE Cyma TuPaS, ECOIOgY AVIENVtRONMENTAL Alice Kelly, Ecology ' ' Central Files: SeaTao Airport; WA0024651; WQ 6,4 c-1n E STATE OF WASHINGTON DEPARTMENT OF ECOLOGY IN THE MATTER OF AN ._ ) AGREED ORDER ADMINISTRATIVE ORDER. ) DOCKET NO. 8755 AGAINST: ') Port of Seattle ) Seattle-Tacoma International Airport ) To: Elizabeth Leavitt Director Aviation Planning & Environmental Programs Port of Seattle ' Seattle-Tacoma International Airport PO. Box 68727 ' Seattle, WA 98168-0727 Order Docket No. 8755 Site Location 17801 International Boulevard, Seattle, WA 98158 This is an Agreed Order between the Department of Ecology (Ecology) and the Port of Seattle, Seattle-Tacoma International Airport (the Port), to achieve compliance With certain requirements ofits National Pollutant Discharge Elimination System (NPDES) Permit No. WA~002465~1 and Chapter 9048 Revised Code of Washington (RCW) by taking certain actions which are described below to provide for compliance with pH limitations in the Port's NPDES permit. This Agreed Order is issued pursuant to the authority vested 1n Ecology by the Federal Water Pollution Control Act (FWPCA), 33 U S.C. sec 1311, et seq and Chapter 90.48 Revised Code of Washington (RCW) RCW 90.48030 p1ovides that Ecology shall have the jurisdiction to control and prevent the pollution of streams, lakes, rivers, ponds, inland waters, salt wate1s, water courses, other surface and underground waters ofthe state of Washington RCW 90.48120 authorizes Ecology to issue administrative orders requiring compliance Whenever it detelmines that a person has Violated or created a substantial potential to violate any provision of Chapter 9048 RCW or fails to cont101 the polluting content of waste to be discharged to waters of the state The Port agrees to undertake all actions required of it by the terms and conditions of this Agreed Order and not to contest Ecology's jurisdiction and authority to admimster this Agreed Order The Port agrees not to appeal this Agreed Orde1 . I Agreed Order Docket No, 8755 . Page 2 of 9 Port of Seattle, SeattleTacoma International Airport ' - Nothing in this Agreed Order shall in any way relieve the Port of its obligations to comply with the requirements of its permit. This Agreed Order does not limit Ecology's authority to enforce the provisions of the aforementioned Permit. ' Ecology's determination that violations have occurred is based on the following facts. Narrative of Incident Since July of 201 0, discharges from stormwater ponds at Seattle-Tacoma International Airport exceeded the upper pH efuent limit of 8.5 standard units set in Permit Condition 81 of the NPDES Permit No. WA-0024465-1 on a recurring basis at a number of outfalls. These pH exceedances have primarily occurred in outfalls discharging fr0m large stormwater detention ponds. Preliminary investigations conducted by the Port of Seattle indicate that elevated lecan be attributed to algal growth within each pond. Recurrent pH violations have occurred in discharges 'om outfalls SDWlA, SDWlB, and SDWZ. The first pH violation observed at the Pond M appeared to be due to installation of a new concrete manhole, but the latter additional two violations were likely due to algal growth. However, the Port has implemented operational and structural BlVIPs to eliminate the Pond M exceedances. One isolated upper pH efuent limit exceedance also occurred at outfall SDD06A. However, this violation was is'olated and is not believed to have been associated with other reported occurrences. All pH permit limit violations have been promptly reported to Ecology. .P pH Exceedances: The exceedances ofthe upper pH efuent limit since July 2010 are shOan in the table below: Sea-Tao International Airport (PermitNo. ,WA-0024651): ,_ of H Exceedances During the Period Jul , 2010 through May 2011 V' ' Monitoring Units '4 ' Limit Value Reported Permit Period . . Type on DMR Limit 7/2/2010 pH Standard Units Daily Maximum 908 < 8 .5 9/8/2010 pH Standard Units Daily Maximum 9.01 < 8.5 _| 10/23/2010 pH Standard Units Daily Maximum 8.77 < 8.5 10/24/2010 pH Standard Units Daily Maximum 9.50 < 8.5 1/7/20011 pH Standard Units Daily Maximum 9.01 2/12/2011 pH Standard Units Daily Maximum . 2/12/2011 pH Standard Units Daily Maximum < 8 .5 2/12/201 1 pH Standard Units Daily Maximum 8 .91 < 8.5 4/13/2011 pH Standard Units Daily Maximum 8.97 < 8.5 4/27/2011 pH Standard Units Daily Maximum 8.93 < 8.5 , 4/27/2011 pH Standard Units Daily Maximum 8.97 < 8.5 4/27/2011 pH Standard Units Daily Maximum 8.94 < 8.5 , ' 4/27/2011 pH Standard Units Daily Maximum 8.91 < 8.5 5/14/2011 pH Standard Units Daily Maximum 9.03 < 8.5 _ 5/14/2011 ' _ pH Standard Units Daily Maximum 9.46 < 85 5/14/2011 pH Standard Units LDaily Maximum 9.56 | < 8.5 Agreed Order Docket No. 8755 I Page 3 of 8 Port of Seattle, Seattle-Tacoma International Airport For the reasons detailed above, and in accordance With RCW 90.48.120, IT IS AGREED that the Port shall take the following actions by the dates set forth below. These actions are necessary to satisfy the requirements of ceitain requirements of its National Pollutant Discharge Elimination System (NPDES) Peirnit No. WAOO2465l and Chapter 90.48 Revised Code of Washington (ROW), the Port has participated in dening these actions and the dates by which they shall be completed. The Port shall also submit permit applications and doCuments needing approvals from the various government agencies in a timely fashion in order that the dates for the various actions are able to be met. ' . . Agreed Order Cerrective Actions & Progress Reporting: To eliminate causes of recurring pH violations from SDW1A, SDWlB, SDWZ, and, if necessary, any other stormwater pond that discharges pH above permit limits, the Port of Seattle, SeaTac International Airport is ordered to: 1. Upon receipt of this signed Order and until action items #2 through 6 are complete, the Port must: a. Monitor the pH ofrunoff entering each pond, efuent discharged from each pond, and of . the receiving water downstream of each pond's outfall in accordance with the sampling ' frequency specied in Part II, Condition 81A of the Port's NPDES permit. 1). Submit the results of the pH monitoring on a quarterly basis on the 15th of the month following the previous quarterly sampling period to: Ed Abbasi, P.E. Department ofEcology Northwest Regional Ofce 3190 160'" Avenue SE Bellevue, WA 98008~5452 2. Prepare and submit a study plan to Ecology for approval no later than December 15, 2011. The plan, at a minimum, shall include the following: a. Location ofpH monitoring specied in Agreed Order Action Item 1 as described above. b. Other monitoring that further isolates and characterizes factors that are causing elevated pH in the pond discharges. ' c. Any immediate operational changes proposed to prevent pH Violations. d. A list of potential best management practices (BMPs) for prevention of these pH violations, and an initial assessment of effectiveness of the identified BMPs. Agreed Order Docket No. 8755 Page 4 of 8 Port of Seattle, SeattleTacoma International Airport ' 3. Submit an interim progress report summarizing the results of the study plan to Ecology no later than June 30, 2012. The interim report, at a minimum, shall include the following: a. Results of all monitoring completed through May 31, 2012. b. Summary of all pH violations and description of each pond's cause of elevated pH (greater than 8.5 units) during the study period. ' 0. Selected BMPs to prevent pH violations. 4. Implement operational BMPs no later than July 31, 2012. 5. Submit a nal report summarizing the results of the study plan to Ecology no later than October 31, 2012.. The report, at a minimum, shall: a. Compile all sampling results as specied above and other sampling results of the same outfalls ofno less than two years ago. b. Describe the cause of elevated pH (greater than 8.5 units) that is found to occur in each pond. ' 0. Identify recommended BMPs to be implemented for the prevention and eradication of these pH violations along With the basis for therecommendations. 6. Implement and construct necessary structural source control and/or treatment BMPS. a. Compete and submit designs for BMPs nolater than December 31, 2012. b. Complete implementation and construction ofBMPs no later than October 15, 2013. If the Port fails to meet the deadlines as set forth in Section IV of this Agreed Order, the Port agrees to pay Ecology a stipulated penalty in the amount of $1,000 for each action item. Ecology may'waive this penalty if the Port has demonstrated a good faith effort to meet the deadline AND Ecology Concurs that the delay is attributed to delays in acquiring permits/approvals from governmental agencies, or other unforeseeable causes that are outside of the Port's control. If stipulated penalties are imposed, Ecology shall notify the Port inwriting through a notice of Stipulated Penalty. Stipulated penalties are due Within 30 days of receipt of Ecology's notication or, in the event of a dispute, within 30 days of the completion ofthe ' dispute resolution process. . Agreed Order Docket No. 8755 Page 5 of 8 Port of Seattle, SeattleTacoma International Airport ~ Amendments to the agreed compliance schedule may be requested for good cause. Extension of the deadline imposed by this Agreed Order is unlikely'and will only be granted when requests for extensions are submitted in writing, in a timely fashion, and demonstrate good cause for granting the extension. Failure to obtain fmancial assistance in the form of grants or loans shall not be considered good cause. To be effective, all proposed amendments must be signed by the person with signature authority for each party. This Order is effective on the date the agreement has been'signed by both parties. Upon completion by the Port of the actions identied in Section IV of this Agreed Order and issuance of a Notice of Compliance by Ecology, the requirements of this Agreed Order shall be deemed to be fullled and shall have no farther effect on the Port. If a dispute arises between Ecology and the Port regarding any non-compliance with this Agreed Order, the parties shall attempt to resolve the dispute by informal resolution. A dispute shall be considered to have arisen when one party noties another, in writing, that there is 'a dispute. If the parties cannot resolve the dispute informally Within thiity (3 0) days, the Port shall serve on Ecology a written Statement of Position. Within thirty (30) days afterreceipt 0f the Port's Statement of Position, Ecology shall provide the Port with a nal administrative decision. The position advanced by Ecology shall be considered binding unless the Port elects to pursue arbitration of the dispute. In order to pursue arbitration, the Port must hire an arbitrator approved by Ecology within 30 days ofreceiving Ecology's administrative decision._ The arbitrator shall determine whether Ecology's administrative decision is consistent with this Agreed Order. In making this determination, the arbitrator shall review this Agreed Order, the Statement of Position, Ecology's nal administrative decision, and evidence from all parties. The arbitrator will uphold Ecology's administrative decision unless the Port demonstrates, by a preponderance of evidence, thatEcology's administrative decision is inconsistent with this Agreed Order. The decision of the arbitrator shall be binding on all parties. i Agreed Order Docket No. 8755 Page 6 of 8 Port of Seattle, Seattle-Tacoma International Airport Failure to comply With this Agreed Order may result in the issuance of Civil penalties ofup to $10,000 per day or other actions, whether administrative or judicial, to enforce the terms of this Agreed Order. ' By signing this Agreed Order, the Port may not appeal this Agreed Order, however, a third party "I may. A party other than the Port has a right'to appeal this Order to the Pollution Control Hearing Board (PCHB) within 30 days of the date of receipt of this Order. The appeal process is governed by Chapter 43.21B RCW and Chapter 37108 WAC. "Date of receipt" is dened in RCW 43.21B.001(2). To appeal, you must do the following within 30 days of the date of receipt of this Order: 0 File your appeal and a copy of this Order with the PCHB (see addresses below). Filing . means actual receipt by'the PCHB during regular business hours. 9 Serve a copy ofyour appeal and this Order on Ecology in paper form by mail or in person. (See addresses below.) Email is not accepted. You must also comply with other applicable requirements in Chapter 43 .21B RCW and Chapter 37108 WAC. ' Your appeal alone Will not stay the effectiveness of this Order. Stay requests must be submitted in accordance with RCW 43.21B7320. ADDRESS AND LOCATION INFORMATION Department of Ecology Department of Ecology Attn: Appeals Processing Desk Att'n: Appeals Processing Desk 300 Desmond Drive SE PO Box 47608 Lacey, WA 98503 Olympia, WA 985044608 Pollution Control Hearings Board . Pollution Control Hearings Board 4224 '6"' Avenue SE PO Box 40903 Rowe Six, Building 2 ' Olympia, WA 985040903 Lacey, WA 98503 Agreed Order Docket No.- 8755 Page 7 of 8 Port of Seattle, Seattle-Tacoma International Airport CONTACT INFORMATION Please direct all questions about this Order to: Ed Abbasi, P.E. Department of Ecology Water Quality Progran Northwest Regional Ofce 3190 160th Avenue SE Bellevue, WA 98008-5452 Phone: (425) 649-7227 Email: eabb46 l @ecy.wa.gov MORE INFORMATION Pollution Control Hearings Board Website WWW.eho.W21.gov/Boards_PCHB.ast Chapter 43.21B RCW - Environmental Hearings Ofce Pollution Control Hearings Board ' http ://apps .leg.wa.gov/RCW/default. aspx?'cite=43 .21B Chapter 37108 WAC Practice And Procedure http://apps.1eg.wa.gov/WAC/default.aspx?cite=371~08 Chapter 34.05 RCW Administrative Procedure Act http://apps.leg.wa. gov/RCW/default.aspx?cite=34.05 Laws: www.ecy.wa..gov/laws-rules/ecyrcwhtml Rules: WWW.ecy.W21.gov/lawsrules/eoywachtml Agreed Order Docket No. 8755 . Page 8 of 8 Port of Seattle, SeattleTacoma International Airport rm/La?l"4/? 'W Kevin C Fitzpatiick Date . Water Quality Section Manager Department of Ecology Northwest Regional Ofce Elizabeth Leavitt Date Director _ Aviation Planning & Environmental Programs Port of Seattle Seattle-Tacoma International Airport
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