09-24-2018 Council Packet - Laserfiche WebLink

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AGENDA ITEM Item No.: 5 Date: September 24, 2018 Item Description: EPA Consent Agreement Presenter: Adam Edwards Agenda Consent Agenda City Engineer/Director Public Works Section: 1. Purpose. The purpose of this council action is to approve the Consent Agreement and Final Order with the Environmental Protection Agency (EPA) Region 5. 2. Background. On January 7', 2015 the Navarre Water Plant experienced a chlorine gas leak. The public works employees on site evacuated the building. The Long Lake Fire Department responded to the emergency call and cleared the building. Dispatch notified the notified and the Utilities Supervisor followed up with the Minnesota Duty Officer that afternoon. The State Duty Officer referred the incident to the Minnesota Department of Agriculture (MDA) who contacted the Utilities Supervisor for a follow up report, which was provided. The State notified the City that national notification threshold had be reached so the City notified the National Response Center the following day, January 8t1i. In September of 2015 the EPA sent a follow up questionnaire to the City and the City provided the requested information. On December 7`h, 2016 the City received a notice of intent to file a civil complaint against the City by the EPA. The complaint alleges that the City failed to follow the appropriate notification procedures: one, that the MDA was the incorrect department for the leak follow up and second, that the NRC should have been notified sooner. The fine the EPA was seeking was $63,750. Since the notice the City Attorney has been negotiating with EPA. The EPA is willing to reduce the fine if the City settles and agrees to a Consent Agreement and Final Order (CAFO) (Exhibit A). The CAFO requires the City complete a project that improves the environment or public safety and pay a fine. The City Engineer developed a project acceptable to the EPA which includes the installation chlorine sensors at the City's water plants. 3. Project Scope. The chlorine systems improvement project will provide residual chlorine analyzers in both the north and south water plants. The project will also provide chlorine detectors and alarms in the chemical rooms of both plants. 4. Cost. The City solicited and received a quote from our SCADA Provider, In -control for $24,845.00 (Exhibit B). The City must pay a fine of $7031.00 to the federal government. The total cost to the City is $31,876. 5. Funding. This project will be funded through the Water Fund. 6. Staff Recommendation. Staff Recommends approval of the CAFO and the Proposal from In - Control. COUNCIL ACTION REQUESTED Motion to approve the CAFO with the EPA and to accept the quote from In -Control for the installation of Chlorine system improvements at the Water plants. Exhibits Exhibit A. Consent Agreement and Final Order (CAFO) Exhibit B. Quote from In -Control Exhibit C. Attorney Memorandum Prepared By: Reviewed By: _Sb)R Approved By: -T)X