20110506DEQ Consent Order.pdf

~-i STATE OF IDAHO B R f\-W-II-ol
DEPARTMENT OF
ENVIRONMENTAL QUALITY
RECEIVED
201lHAY-2 PH 1:08
1410 North Hilton. Boise, Idaho 83706 . [phone] t L;/\_::J--:i f2', P J~_,¡; E, ~-.~ ;: \,:~'
UTP IT i ,.:,~qi:(.l:(Íl1:~GNrnor.. ,._" '" -Yorii Hàrdesty, Director
APR 28 2011
Tony Bowar
Brian Water Corporation
5120 Overland Road, Suite C
Boise,ID 83705
CERTIFIED MAIL:
RETURN RECEIPT REQUESTED
Subject: Executed Consent Order for Brian Water Corporation, PWS #ID40 1 00 17
Enclosed is a fully executed copy of the Consent Order (CO) signed by Idaho Deparment of
Environmental Quality's Director, Toni Hardesty. The staff at the Boise Regional Office wil be tracking
compliance with the deadlines set forth in the CO. Please send required communications to:
Tiffany Floyd, Regional Drinking Water Manager
Deparment of Environmental Quality
Boise Regional Office
1445 North Orchard
Boise,ID 83706
Than you for working with the Deparment to resolve these issues.
Sincerely,
B fA fl. ~
Barr N. Burnell
Water Quality Division Administrator
BNB:jt
Enclosure
c: Lisa Carlson, Deputy Attorney General
Jerri Henr, Drinking Water Rules and Enforcement Lead
Tiffany Floyd, Regional Drinking Water Manager
Brandon Lowder, Boise Regional Offce
Trim File
P r n ted R cycled Paper
RECEIVEI
IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY APR 06 2011
DEPARTMENT OF ENVIROMENAL QUAU'
In the matter of: ) CONSENT ORDER STATEWATEROUAUlPRRAS
) Idaho Code § 39-108
Brian Water Corporation )
1. Pursuant to the Idaho Environmenta Protection and Health Act, Idaho Code § §
39-101 though 39-130, the Idaho Deparent of Environmental Quality (Departent)
enters into this Consent Order with the Brian Water Corporation, (Brian Water), which
operates a community public water system (System), PWS ID4010017, which serves
fort-six (46) connections and approximately one hundred forty (140) persons on a daily
basis in Ada County, Idaho.
. 2. Samples taken from the System exceed the nitrate Maximum Contaminant Level
(MCL) of 10 mg/L, as specified in 40 CFR §141.62, and incorporated by reference in the
Idaho Rules for Public Drinking Water Systems (Rules), IDAPA 58.01.08.050.
Compliance with the maximum contaminant level is specified in 40 CFR §141.23(h), and
is incorporated by reference in the Rules, IDAPA 58.01.08.100. Brian Water is out of
compliance with the nitrate MCL.
. 3. Annual drinking water fees are required to be submitted to the Deparment no
later than October 1, each fiscal year, in accordance with IDAPA 58.01.08.010. Anual
fees are considered delinquent as of November 1 each fiscal year. According to
Deparment records, Brian Water has not submitted the required anual drinking water
fees for the 2009 and 2010 fiscal years, and is therefore delinquent.
According to the fee schedule in IDAPA 58.01.08.010, Brian Water's annual drinking
water fee is based on fort-six connections and a five dollar ($5) per connection fee for a
total anual fee of two hundred thirty dollars ($230).
4. According to records maintained by the Idaho Bureau of Occupational Licenses,
· the operator is not currently a licensed drinking water operator, as required by IDAPA
58.01.08.554.01.a.
5. A compliance conference was held with Tony Bowar, owner of Brian Water, and
the Department on Februar 17, 2011 to discuss treatment options and entering into a
Consent Order.
6. The owner of Brian Water hereby agrees to perform the following actions in the
time periods set forth in order to achieve compliance with Idaho Rules for Public
Drinking Water Systems, IDAPA 58.01.08:
a. Public Notice. Effective immediately, the owner of Brian Water shall
provide quarerly public notices concerning exceedances of the MCL for nitrate
and the health effects related to these exceedances, in accordance with IDAPA
58.01.08.150, to each residence on the System by mail or hand delivery.
Brian Water Corporation
Consent Order
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i. The owner of Brian Water shall continue to provide quarerly
public notices until such time as the Deparment notifies the owner of
Brian Water in writing that quarerly notices are no longer required.
ii. The owner of Brian Water shall provide the Department with proof
of each quarerly notification via the Deparment's supplied notifcation
form and a copy of each quarerly notification within ten (l0) days of
completion in accordance with IDAPA 58.01.08.150.
b. Sampling. The owner of Brian Water shall continue to submit quarerly
water samples from the System for nitrate analysis by a certified laboratory. All
sample results shall be submitted to the Deparent. The owner of Brian Water
shall continue quarerly sampling until such time as the Deparment notifies the
owner of Brian Water in writing that quarerly sampling is no longer required.
The owner of Brian Water shall continue to submit all drinking water samples for
all required parameters according to the schedule that has been established by the
Deparment.
,c. Annual Fees. No later than August 31, 2011, the owner of Brian Water
shall submit the required past due annual drinking water fees for 2009 and 2010
for a total of four hundred sixty dollars ($460.00) to the Department.
No later than October 1, 2011, Brian Water shall submit the 2011 anual fee of
two hundred and thirty dollars ($230) to the Department.
Payment shall be submitted to:
Deparment of Environmental Quality
Financial Management
1410 North Hilton
Boise, Idaho 83706
f d. Licensed Operator. No later than June 30, 201 I, the owner of Brian Water
shall submit documentation to the Deparment for a licensed Responsible Charge
Operator in accordance with IDAPA 58.01.08.554.02.
f e. Nitrate Mitigation. No later than May 31, 2011, the owner of Brian Water
shall complete the following nitrate mitigation plan within the specified
timeframes:
i. Enter into a contract with a professional engineer, licensed in the
State of Idaho, to evaluate various treatment options to mitigate nitrate,
and provide written documentation to the Deparment stating as such.
Brian Water Corporation
Consent Order
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ii. Enter into an agreement with an existing public water system for
interconnection and service, with a signed letter of agreement between the
owner of Brian Water and an existing public water system for
interconnection and service in accordance with IDAPA 58.01.08. The
letter must also indicate a completion date which is subject to Deparment
approval.
f. If the owner of Brian Water elects to hire an engineer as per Paragraph
6.e.i., then the owner of Brian Water shall complete the following actions within
the specified timeframes:
i. No later than June 15, 2011, the owner of Brian Water and the
engineer shall schedule and attend a nitrate treatment pre-design meeting
with the Deparent.
ii. No later than October 31, 2011, the owner of Brian Water shall
submit to the Deparment a Preliminar Engineering Report per IDAP A
58.01.08.503, that explains how the System wil be brought into
compliance with IDAPA 58.01.08. The Preliminar Engineering Report
shall delineate the steps that the owner of Brian Water wil take to obtain
full compliance with IDAPA 58.01.08, including, but not limited to, the
following:
a. Identification of available alternatives to meet the nitrate
MCL and treatment requirements.
b. A proposed project implementation schedule for the
recommendation(s) selected under the provisions of Paragraph
6.f.ii. The schedule shall include: plans and specifications,
preparation of bidding documents, supervision of bid openings and
bid awards, pre-construction meetings, construction schedules,
construction inspection, and record drawings.
iii. The Department shall review, comment on, and/or approve the
Preliminary Engineering Report as specified in Paragraph 7 of this
Consent Order. The Deparment wil advise the owner of Brian Water and
their engineer that a Final Engineering Report may be submitted for
approval.
iv. The conditions and completion dates in the Deparment approval
letter for the Final Engineering Report, including the work plan described
in Paragraph 6.f.ii of this Consent Order shall be incorporated by reference
into this Consent Order and shall be enforceable as provided by applicable
law.
Brian Water Corporation
Consent Order
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v. Within 30 days of completion of the items described in the project
implementation schedule of the Final Engineering Report incorporated by
reference in Paragraph 6.f.iv, the owner of Brian Water shall submit as
constrcted plans and specifications to the Department in accordance with
Idaho Code §39-1 18 and IDAPA 58.01.08.504.
vi The owner of Brian Water shall ensure project implementation and
completion in accordance with the implementation schedule established in
the Deparment-approved Final Engineering Report.
g. If the owner of Brian Water select the option for interconnection with an
existing public water system as per Paragraph 6.e.ii., then the owner of Brian
Water shall submit to the Deparent for approval, no later than October 31,
201 1, a letter from that public water system stating that they wil be able to
provide services to the System and the proposed date of interconnection. The
owner of Brian Water shall ensure interconnection and service is completed in
accordance with the signed letter of agreement and the Deparment-approved
completion date.
h. No later than April 1, 2012 the Brian Water System shall achieve full
compliance with the requirements of the Nitrate maximum containant level as
specified in 40 CFR §141.23(h), and incorporated by reference in the Rules,
IDAPA 58.01.08.050.
i. If any event occurs that causes, or may cause, delay in the achievement of
any requirement of this Consent Order, then the owner of Brian Water shall notify
the Department in writing within ten (10) days of the date the owner of Brian
Water knew, or should have known, of the delay. Any notice under this paragraph
shall describe in detail the anticipated length of the delay, all anticipated
consequences of the delay, measures taen by the owner of Brian Water to
prevent or minimize the delay, and a timetable. by which those measures shall be
implemented. The owner of Brian Water wil utilze all reasonable measures to
avoid or minimize any such delay. If the Deparment determines that the delay or
anticipated delay in achieving any requirements of this Consent Order has been or
wil be caused by circumstaces beyond the reasonable control of the owner of
Brian Water, then the Deparment may grant an extension for a period of time
agreeable to both the owner of Brian Water and the Department.
7. Deparment Submittal Review Process. Unless otherwise set forth specifically
herein, the following document submittal and review process (Submittal Review Process)
shall be followed regarding submittals required by this Consent Order. This process shall
be followed until the Deparment approves the document or the document review time
frame has expired.
a. Within forty-two (42) calendar days of receipt of the owner of Brian
Water's submittal, the Deparment shall 1) notify the owner of Brian Water in
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writing the document is approved; 2) notify the owner of Brian Water in writing
of any deficiencies in the document; or, 3) notify the owner of Brian Water of the
Deparment's extension of the Deparment's review and comment period. If the
Deparment notifies the owner of Brian Water of deficiencies in the document, the
owner of Brian Water shall submit a revised document to resolve those
deficiencies within thirty (30) calendar days of receipt of the Deparent's notice.
b. The Submittal Review Process shall be repeated until the Deparent
notifies the owner of Brian Water the document is approved. However, the
submittal must meet the Deparment's approval within sixty (60) days from the
due date for the first submittal of the document, unless the Deparment provides
the owner of Brian Water with a written extension of the sixty (60) day time
frame. The owner of Brian Water's failure to obtain Deparment approval of a
submittal within such time frames shall constitute a violation of this Consent
Order.
c. Once the Deparent approves these documents, they shall be
incorporated herein and enforceable as a par of this Consent Order.
8. All communications required of the owner of Brian Water by this Consent Order
shall be addressed to:
Tiffany Floyd, Regional Drinking Water Manager
Deparent of Environmental Quality
Boise Regional Office
1445 North Orchard
Boise, ID 83706
9. All notices, reports and submittals required of the Deparment by this Consent
Order shall be addressed to:
Tony Bowar
Brian Water Corporation
5120 Overland Road, Suite C
Boise, ID 83705
10. This Consent Order shall not in any way relieve the owner of Brian Water from
any obligation to comply with any provision of the Idaho Rules for Public Drinking
Water Systems, or any applicable local, state, or federal laws.
11. The owner of Brian Water recognizes that failure to comply with the terms in this
Consent Order may result in district court action seeking specific performance of this
Consent Order; assessment of costs and expenses; available penalties under Idaho Code
§39- 108; restraining orders; injunctions; attorney fees; and other relief available by
statute or rule as the court considers to be just and reasonable under the circumstances.
Brian Water Corporation
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12. This Consent Order shall remain in full force and effect until the Department
acknowledges in wrting that the Consent Order is terminated and that the owner of Brian
Water has fulfilled all requirements of this Consent Order.
13. Ths Consent Order shall bind the owner of Brian Water, its successors and
assigns, until terminated in wrting by the Deparment.
14. Each undersigned representative to this Consent Order certifies that he or she is
fully authorized to enter into the terms and conditions of this Consent Order, and to
execute and legally bind such pary to this document.
15. The effective date of this Consent Order shall be the date of signature by the
Director of the Idaho Deparment of Environmental Quality.
DATED this Y'6 day
of !l /1 !, ,2011.
By: JJ ~--Tony Bowa
Brian Water Corporation
2 'r'"DATED this l day
of AÇ? c\\
By: &, '-
Toni Hardesty, Director
Deparent of Environmental Quality
,2011.
Brian Water Corporation
Consent Order
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