20090409Consent Order.pdf

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IDAHO DEPARTMENT OF ENVIRONMENTAL QUAUžO9 APR -9 PM 2: 29
In the matter of:)
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CONSENT ORDER IDAHO Pt'9.L;lC
Idaho Code § 39JTèlTIë.S COi:il,;ISS!O¡,!
Morning View Water Company
1. Pursuant to the Idaho Environmental Protection and Health Act, Idaho
Code §§ 39-101 through 39-130, the Idaho Department of Environmental Quality
(Department) enters into this Consent Order with Morning View Water Company,
(Morning View). Morning View owns and/or operates a community public water
system (System), PWS ID7260063, which serves 97 connections and
approximately 200 persons on a daily basis in Rigby, Jefferson County, Idaho.
2. By letter dated October 21, 2003, the Department notifed Morning View
that an enhanced sanitary survey conducted on October 9,2003 resulted in the
discovery of several significant deficiencies. Morning View was required to
submit a plan to correct the significant deficiencies within 45 days of notification
in accordance with IDAPA 58.01.08.302.03. Morning View did not submit a plan
to correct the significant deficiencies.
3. On July 5, 2007, the Department investigated and verified complaints
regarding inadequate pressure within the System. A 24.hour pressure wheel
indicated that pressure fell below 20 pounds per square inch (psi). By letter dated
July 6, 2007, the Department notified Morning View of the Department's
investigation and required Morning View to remedy pressure problems within ten
(10) days through the process outlined in Idaho Rules for Public Water Systems,
IDAPA 58.01.08.552.01.b.ii.
4. By letter dated July 25,2007, the Department notified Morning View of the
results of additional pressure testing conducted at five (5) connections during a
July 23, 2007 inspection. The average water pressure in the System during this
inspection was 22 psi. The letter also notified Morning View of the requirement to
provide public notification and to properly disinfect the distribution system at
times that pressure drops below 20 psi, as was recorded by the 24-hr. pressure
wheel on July 5,2007, and required by IDAPA 58.01.08.552.01.b.v. The
Department required Morning View to diagnose and correct the quantity and
pressure problems in the System and notify the Department by August 6,2007.
5. By letter dated August 8,2007, the Department notified Morning View of
the failure to notify the Department of the diagnostic and corrective actions taken
to resolve the pressure problems.
6. By letter dated August 15, 2007, the Department notified Morning View
that the System was disapproved due to failure to maintain adequate pressure,
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7. By letter dated September 24, 2007 and addressed to Mr. Nolan Gneiting,
the Idaho Bureau of Occupational Licenses indicated the operator is not currently
a licensed drinking water operator, as required by IDAPA 58.01.08.554.01.a.
8. By Notice of Violation (NOV) dated September 12, 2007, the Department
notified Morning View of violations of the Idaho Rules for Public Drinking Water
Systems, IDAPA 58.01.08. The NOV is incorporated by reference into this
Consent Order. The NOV provided Morning View an opportunity for a compliance
conference to discuss the violations and enter into a consent order. A compliance
conference was held on September 26, 2007.
9. Morning View 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. Significant Deficiencies. Within thirt (30) days of the effective date
of this Consent Order, Morning View wil respond in writing to the
Department indicating what actions wil be taken to address the signifcant
deficiencies noted on the October 9,2003 sanitary survey and a timeline
for corrective measures, in accordance with IDAPA 58.01.08.302. All
actions and timelines will be subject to the Department Submittal Review
Process as described in Paragraph 10.
i. No later than 30 days from the effective date of this Consent
Order, Morning View shall schedule a sanitary survey with the
Department to confirm all deficiencies and any other system
components that the Department determines to cause, or have
potential to cause, risk to health or safety, or that could affect the
reliable delivery of safe drinking water have been properly
addressed and/or corrected in accordance with IDAPA 58.01.08.
b. Public Notice. Effective immediately, Morning View shall provide
quarterly public notices to each residence on the System by mail or hand
delivery. The public notices shall inform the residents of the Department's
disapproval of the System, and shall identify the violations in the NOV
dated September 12, 2007, in accordance with IDAPA 58.01.08.150.
i. Morning View shall continue to provide quarterly public notices
until such time as the Department notifies Morning View in writing
that quarterly notices are no longer required.
ii. Morning View shall provide the Department with proof of
each quarterly notification via the Departent's supplied
notification form and a copy of each quarterly notifcation
within ten (10) days of completion in accordance with IDAPA
58.01.08.150.
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c. Pressure Maintenance. No later than ninety (90) days from the
effective date of this Consent Order, Morning View shall submit to the
Department a written plan detailng how Morning View wil ensure that the
System shall be made capable of maintaining a minimum pressure of fort
(40) psi throughout the distribution system, during peak hourly demand
conditions, excluding fire flow, measured at the service connection or
along the propert line adjacent to the consumer's premises, in
accordance with IDAPA 58.01.08.552.01.b.ii. The plan shall include, but is
not limited to;
i. The results of a local pressure monitoring study, conducted
in accordance with IDAPA 58.01.08.552.01.b, to diagnose and
correct pressure problems within the System.
ii. Assurance that the individual booster pump installed at 200
N. 3987 wil cause no adverse effects on System operation,
including acknowledgement that any future installations of
individual booster pumps wil be subject to Department approval
per IDAPA 58.01.08.552.b.iv.
The Department shall review, comment and/or approve the plan as
specified in Paragraph 10 of this Consent Order.
d. Facility Plans. No later than ninety (90) days from the effective
date of this Consent Order, Morning View shall submit to the Department
a detailed facility plan in accordance with IDAPA 58.01.08.502. The
Department shall review, comment and/or approve the facilty plan as
specified in Paragraph 10 of this Consent Order.
e. Licensed Operator. Within thirt (30) days of the effective date of
this Consent Order, Morning View shall submit documentation to the
Department for a licensed Responsible Charge Operator in accordance
with IDAPA 58.01.08.554.02.
i. Morning View agrees to contract with a licensed operator
until such a time that Morning View can license their own operator.
Morning View agrees to provide the Department with a copy of a
signed contract with a licensed operator and an invoice for services
within thirt (30) days of the effective date of this Consent Order.
f. Sampling Plan. Within thirt (30) days of the effective date of this
Consent Order, Morning View shall submit for Department approval a
sampling plan that addresses bacteria monitoring in accordance IOAPA
58.01.08.100.01.a., which adopts by reference 40 CFR 141.21. The
bacteria sampling plan shall identify monitoring locations of routine
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monitoring and how the system will address repeat and routine monitoring
following coliform and/or fecal coliform presence results. Upon the
Department's writen approval of the sampling plan, the plan shall be
incorporated by reference into this Consent Order and shall be
enforceable as provided by applicable law.
g. Sand Separator. Morning View shall collect a water sample from
each welL. The sand concentration from each well shall be determined and
added together. The resulting average shall be utilized to determine sand
production from the water supply. A total of four (4) sampling events shall
be required. The first sample is due by October 31,2007 with subsequent
sampling conducted in the months of March, April, and May. The
Department shall be contacted prior to all sampling events. All sampling
shall be conducted as follows:
i. Water shall be drawn from a sampling tap installed prior to
the pressure tank(s) and collected into a clean 5-gallon container.
Water should be collected in a manner which permits the water to
flow into the container in a circular pattern, creating a centrifugal
force that shall force suspended solids to the center of the
container. The duration of time taken to fill the container shall be
recorded and flow rate determined.
ii. Solids shall be decanted from the water and measured in a
graduated cylinder to determine the concentration of suspended
solids present in the 5-gallon solution. The concentration shall be
recorded in parts per millon (ppm).
iii. Should any sample described in Paragraph 9.g.i result in a
concentration of five (5) ppm or greater, Morning View shall submit,
for Department approval, a monitoring plan to evaluate sand
production from the water supply wells utilzing a Rossum Sand
Tester, which shall include the actions to be taken to reduce sand
concentration in the water to five (5) ppm or less, and the time lines
to achieve compliance, in accordance with IDAPA
58.01.08.510.06.b.
iv. Morning View shall submit a statistical analysis of the
sampling results to the Department by no later than June 30, 2008
before a determination of the need for sand removal by the
Department is made. Samples collected as described in Paragraph
9.g.i resulting in a concentration of less than five (5) ppm shall
require no further action as a result of this Consent Order.
V. In lieu of conducting sand sampling, Morning View can
choose the following options:
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a. installng a Department approved sand separator.
b. installng a Department approved well screen in each
welL.
h. Dead End Mains. No later than thirt (30) days from the effective
date of this Consent Order, Morning View shall ensure that all dead end
mains within the System are equipped with a means of flushing, and that
all such dead ends are properly flushed in accordance with IDAPA
58.01.08.542.09.
10. Departent 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 Department approves
the document or the document review time frame has expired.
a. Within thirt (30) calendar days of receipt of Morning View's
submittal, the Department shall 1) notify Morning View in writing the
document is approved; 2) notif Morning View in writing of any
deficiencies in the document; or, 3) notif Morning View of the
Department's extension of the Department's review and comment period.
If the Department notifies Morning View of deficiencies in the document,
Morning View shall submit a revised document to resolve those
deficiencies within thirt (30) calendar days of receipt of the Department's
notice.
b. The Submittal Review Process shall be repeated until the
Department notifies Morning View the document is approved. However,
the submittal must meet the Department's approval within sixt (60) days
from the due date for the first submittal of the document, unless the
Department provides Morning View with a written extension of the sixty
(60) day time frame. Morning View's failure to obtain Department approval
of a submittal within such time frames shall constitute a violation of this
Consent Order.
c. Once the Department approves these documents, they shall be
incorporated herein and enforceable as a part of this Consent Order.
11. Civil penalties of FOUR HUNDRED FIFTY DOLLARS ($450) were
assessed in the NOV and wil be resolved as follows:
a. Beginning the quarter of October 1, 2007 through December 31,
2007, and for three (3) consecutive quarters thereafter, Morning View shall
submit to the Department a payment of $112.50, for a total of four hundred
fift dollars ($450) in total assessed penalties.
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b. Payment(s) shall be made payable to the Idaho Department of
Environmental Quality and shall be submitted to:
Idaho Department of Environmental Quality
Financial Management
Attn: Drinking Water Penalty Payment
1410 N. Hilton
Boise, Idaho 83706
12. All communications required of Morning View by this Consent Order shall
be addressed to:
Greg Eager, Engineering Manager
Department of Environmental Quality
Idaho Falls Regional Offce
900 N. Skyline, Suite B
Idaho Falls, ID 83402
13. All notices, reports and submittals required of the Department by this
Consent Order shall be addressed to:
Mr. Nolan Gneiting
Morning View Water Company
P.O. Box 598
Rigby, ID 83442
14. This Consent Order shall not in any way relieve Morning View 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.
15. Morning View 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.
16. This Consent Order shall remain in full force and effect until the
Department acknowledges in writing that the Consent Order is terminated and
that Morning View has fulfilled all requirements of this Consent Order.
17. This Consent Order shall bind Morning View, its successors and assigns,
until terminated in writing by the Department.
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18. 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 part to this document.
19. The effective date of this Consent Order shall be the date of signature by
the Director of the Idaho Department of Environmental Quality.
DATED this /K~YOf ~,2007.
By:
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olan Gneiting
Morning View Water
DATED this :)day of 2007.
By: ~~ ~
Toni Hardesty, Director
Department of Environmental Quality
Morning View Water Company
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