09-24-2018 Council Packet - Laserfiche WebLink

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MEMORANDUM To: Orono City Council From: City Attorney Re: Navarre Water Treatment Plant Chlorine Release Date: September 21, 2018 On January 7, 2015 during routine maintenance at the Navarre Water Treatment Plant, approximately 112 pounds of chlorine gas was released from a chlorine cylinder. The City Utility Supervisor immediately called 911 and the Long Lake Fire Department responded and secured the leak. No one was injured as a result of the chlorine release. The City Utility Supervisor notified the Minnesota Department of Public Safety Duty Officer of the chlorine gas release. The Duty Officer referred the matter to the Minnesota Department of Agriculture. The City worked with the Department of Agriculture to follow up on the incident. Section 103(a) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) requires an entity that releases a hazardous substance into the environment to immediately notify the National Response Center. The Environmental Protection Agency (EPA) alleges that the City violated CERCLA by not immediately reporting the chlorine release to the National Response Center. The City reported the chlorine release to the National Response Center on January 8, 2015, approximately 24 hours after the release. Section 304(c) of the Emergency Preparedness and Community Right to Know Act (EPCRA) requires a timely follow-up with the State Emergency Response Commission (SERC) after the release of a hazardous substance. The EPA alleges that the City violated EPCRA by not providing timely follow-up to the SERC. The City provided written follow up to the Minnesota Department of Agriculture, but the Department of Agriculture is technically not the SERC. The SERC is the Minnesota Department of Homeland Security and Emergency Management. The EPA sought to levy a fines against the City in the amount of $31,875 for the CERCLA violation and $31,875 for the EPCRA violation for total fine of $63,750. After settlement discussions with EPA, the EPA agreed to reduce the CERCLA fine to $4,690 and reduce the EPCRA fine to $2,341 provided the City complete a supplemental environmental project (SEP) at a cost of at least $24,845. The City has proposed a SEP to purchase and install chlorine detection systems at the Navarre and South Water Treatment Plants. The settlement represents a significant reduction in the EPA -assessed fines and an opportunity for the City to improve its water treatment facilities with equipment that will protect the environment. The settlement including the fines and SEP are memorialized in the attached Consent Agreement and Final Order (CAFO).