20120412DEQ Consent Order.pdf

S S
STATE OFIDAHO PCE1VFD DEPARTMENT OF
ENVIRONMENTAL QUALITY 2012 APR 12 AM jI: 54
L. 1410 North Hilton.Bolse, Idaho 83706.[phone] rfl tT1E COMMSS!ON C.LButctiOtter,Governor
Curt Fransen, Director
APR 022012 CERTIFIED MAIL:
RETURN RECEIPT REOUESTED
Tony Bowar
Brian Water Corporation
5120 Overland Road, Suite C, #228
Boise, ID 83705
Subject: Executed Amended Consent Order for Brian Water Corporation, PWS #11)4010017.
Enclosed is a fully executed copy of the Amended Consent Order (ACO) signed by Idaho Department of
Environmental Quality's Director, Curt Fransen The staff at the Boise regional office will be tracking
compliance with the deadlines set forth in the CO Please send required communications to
Brandon Lowder, Regional Drinking Water Supervisor
Department of Environmental Quality
Boise Regional Office
1445 North Orchard
Boise, ID 83706
Thank you for working with the Department to resolve these issues.
Sincerely,
Barry N. Burnell
Water Quality Division Administrator
:)j :]
Enclosure
C: Lisa Carlson, Deputy Attorney General
Jerri Henry, Drinking Water Rules and Enforcement Lead
Brandon Lowder, Regional Drinking Water Supervisor
Richard Lee, Boise Regional Office
Trim File
Printed 0 n Recycled Paper
E
IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY
In the matter of: ) AMENDED CONSENT ORDER
) Idaho Code 39-1O8
Brian Water Corporation )
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 Amended Consent Order with the Brian Water Corporation, (Brian
Water), which operates a community public water system (System), PWS# 1D4010017,
which serves forty-six (46) connections and approximately one hundred forty (140)
persons on a daily basis in Ada County, Idaho.
2.The owner of Brian Water entered into a Consent Order with the Department on
April 27, 2011 to address compliance with the Idaho Rules for Public Drinking Water
Systems, IDAPA 5801 08 This Amended Consent Order updates and replaces the April
27, 2011 Consent Order and describes 1) the terms and conditions of the Consent Order
that have been met; 2) the terms and conditions of the Consent Order that have not been
met, and; 3) an agreed upon revised schedule to bring the System into compliance with
IDAPA 58.01 .08.
3.The owner of Brian Water successfully completed 6.d. of the April 27, 2011
Consent Order. According to the Idaho Bureau of Occupational Licenses, the operator of
Brian Water is a properly licensed drinking water operator.
4.The owner of Brian Water his been unable to fully comply with Subsection 6.c.
of the Consent Order. Annual drinking water fees are required to be submitted to the
Department no later than October 1, each fiscal year, in accordance with IDAPA 58.01 .08.010. Annual fees. are considered delinquent as of November 1 each fiscal year.
According to Department records, annual drinking water fees have been submitted for
fiscal years 2009 and 2010 as required. The owner of Brian Water has not submitted the
required annual drinking water fees for the 2011 fiscal year, and is therefore delinquent.
The owner of Brian Water has not been able to comply with Subsection 6.e., and
subsequent Subsections related to nitrate mitigation within the timelines established
therein.
5.Samples taken from the System continue to exceed the nitrate Maximwn
Contaminant Level (MCL) of 10 milligrams per liter (mg/L), as specified In 40 CFR
§ 141.62, and incorporated by reference in the Idaho Rules for Public Drinking Water
Systems (Rules), IDAPA 580108050 Compliance with the MCL 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
6.A second compliance conference was held with Tony Bowar, owner of Brian
Water, and the Department on January 17, 2012 to discuss treatment options and entering
into an Amended Consent Order.
Brian Water Corporation
Amended Consent Order
I
.

.
7. 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. The owner of Brian Water shall continue to provide
quarterly public notices concerning exceedances of the MCL for nitrate and the
health effects related to these exceedances, in accordance with IDAPA
5801 08 150, to each residence on the System by mail or hand delivery. Quarterly
public notification shall continue until such time as the Department notifies the
owner of Brian Water in writing that quarterly notices are no longer required
The owner of Brian Water shall provide the Department with proof of each
quarterly notification via the Department's supplied notification form and a copy
of each quarterly notification within ten (10) days of completion in accordance
with IDAPA 58.01.08.150.
b.Samoling. The owner of Brian Water shall continue to submit quarterly
water samples from the System for nitrate analysis by a certified laboratory. All
sample results shall be submitted to the Department. The owner of Brian Water
shall continue quarterly sampling until such time as the Department notifies the
owner of Brian Water in writing that quarterly 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
Department.
C. AnnuaiEm. No later than May 1, 2012, Brian Water shall submit the
2011 annual fee of two hundred and thirty dollars ($230.00) to the Department.
Payment shall be submitted to:
Department of Environmental Quality
Financial Management
I4lONorth Hilton.
Boise, Idaho 83706
d. Nitrate Mitigation. No later than June 1, 2012, the owner of Brian Water
shall complete one of the following nitrate mitigation plans within the specified
tirneframes:
i.Enter into a contract with a professional engineer, licensed in the
state of Idaho, to evaluate various treatment options to mitigate titrate,
and provide written documentation to the Department stating as such.
ii.Enter into an agreement with an existing public water system for
interconnection and service, with a signed letter of agreement between the
Brian Water Corporation
Amended Consent Order
2
. .
owner of Brian Water and an existing public water system for
interconnection and service in accordance with IDAPA 5.01.08. The
letter must also indicate a completion date which is subject to Department
approval.
C. If the owner of Brian Water elects to hire an engineer as per Paragraph
7.d.i., then the owner of Brian Water shall complete the following actions within
the specified thneframes:
i. No later than June 15, 2012, the owner of Brian Water and the
engineer shall schedule and attend a nitrate treatment pie-design meeting
with the Department.
ii. No later than December 15, 2012, the owner of Brian Water shall
submit to the Department a Preliminary Engineering Report per IDAPA
58.01-08.503, that explains how the System will be brought into
compliance with IDAPA 580108 The Preliminary Engineering Report
shall delineate the steps that the owner of Brian Water will 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
7-c -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 o, and/or approve the
Preliminary Engineering Report as specified in Paragraph S of this
Consent Order. The Department will 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 Department approval
letter for the Final Engineering Report, including the work plan described
in Paragraph 7 e ii of this Consent Order shall be incorporated by
reference into this Consent Order and shall be enforceable as provided by
applicable law.
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 7.e.iv, the owner of Brian Water shall submit
Brian Water Corporation
Amended Consent Order
3
. .
record plans and specifications to the Department in accordance with
Idaho Code §39-118 and IDAPA 58.01.08.504.09.
vi. The owner of Brian Water shall ensure project implementation and
completion in accordance with the implementation schedule established in
the Department-approved Final Engineering Report
L If the owner of Brian Water selects the option for interconnection with an
existing public water system as per Paragraph 7 d Ii, then the owner of Brian
Water shall submit to the Department for approval, no later than December 15,
2012, a letter from that public water system stating that they will 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 Department-approved
completion date. -
g.No later than August 1, 2013 the Brian Water System shall achieve full
compliance with the requirements of the nitrate MCL as specified in 40 CFR
§ 141.23(h), and incorporated by reference in the Rules, IDAPA 58.01.08.050.
h.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 taken by the owner of Brian Water to
prevent or minimize the delay, and a timetable by winch those measures shall be
implemented. The owner of Brian Water will utilize all reasonable measures to
avoid or minimize any such delay. If the Department determines that the delay or
anticipated delay in achieving any requirements of this Consent Order has been or
will be caused by circumstances beyond the reasonable control of the owner of
Brian Water, then the Department may grant an extension for a period of time
agreeable to both the owner of Brian Water and the Department.
8. Department 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 forty-two (42) calendar days of receipt of the owner of Brian
Water's submittal, the Department shall 1) notify the Owner of Brian Water in
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
Department's extension of the Department's review and comment period If the
Department notifies the owner of Brian Water of deficiencies in the document, the
Brian Water Corporation
Amended Consent Other
4
. .
owner of Brian Water shall submit a revised document to resolve those
deficiencies Within thirty (30) calendar days of receipt of the Departments notice.
b. The Submittal Review Process shall be repeated until the Department
notifies the owner of Brian Water the document is approved However, the
submittal must meet the Department's approval within sixty (60) days from the
due date for the first submittal of the document, unless the Department 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 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.
9.All communications required of the owner of Brian Water by this Consent Order
shall be addressed to:
Brandon Lowder, Drinking Water Compliance Supervisor
Department of Environmental Quality
Boise Regional Office
1445 North Orchard
Boise, ID 83706
10.All notices, reports and submittals required of the Department by this Consent
Order shall be addressed to:
Tony Bowar
Brian Water Corporation
5120 Overland Road, Suite C, #228
Boise, ID 83705
Ii, 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.
12• 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.
13. This Consent Order shall remain in full force and effect until the Department
acknowledges in writing that the Consent Order is terminated and that the owner of Brian
Water has fulfilled all requirements of this Consent Order.
Brian Water Corporation
Amended Consent Order
5
. .
14.This Consent Order shall bind the owner of Brian Water, its successors and
assigns, until terminated in writing by the Department.
15.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 party to this document.
16.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/ day of fr764 J , 2012.
By: 7'? Aaoe-t'L
Tony Bowar, Owner
Brian Water Corporation
DATED this 30 day of PYMIL 2012.
A. Fransen, Director
itment of Environmental Quality
Brian Water Corporation
Amended Consent Order
6