Complaint & Consent Agreement/Final Order se)
s'AT UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
I Q •
zREGION 7
11201 Renner Boulevard
470\� Lenexa, Kansas 66219
RECEIVED
CITY MANAGER'S OFFICE
June 25, 2019 JUL 01 RECO
The Honorable Trent W. Davis, M.D.
Mayor, City of Salina
City-County Building
300 West Ash St.
Salina, KS 67401
Re: The City of Salina, KS
Docket No.: CWA-07-2019-0041
Dear Respondent:
Attached for your files is a copy of the Complaint and Consent Agreement/Final Order In the
Matter of The City of Salina, KS, CWA-07-2019-0041. The order was filed with the Regional
Hearing Clerk on June 25, 2019.
Should you have any questions, please contact Patricia G. Miller at (913) 551-7283, or
by email at miller.patriciag@epa.gov.
Sincerely,
Lisa Haugen
Hearing Clerk, Region 7
Attachment: Order
Cc: Patricia G. Miller, EPA (via email)
Jaime Gaggero, KDHE
:I.., t
Printed on Recycled Paper
Uttl)ED STATES
NVIRONMENTAL PROTEC11(D
UNITED STATES ENVIRONMENTAL PROTECTION AGI -REGION 7
REGION 7 20I9 JUN 25 AM 10: 4 I
11201 RENNER BOULEVARD
LENEXA, KANSAS 66219
BEFORE THE ADMINISTRATOR
IN THE MATTER OF: )
)
The City of Salina, Kansas ) Docket No. CWA-07-2019-0041
)
Respondent )
COMPLAINT AND
Proceedings under ) CONSENT AGREEMENT/
Section 309(g) of the Clean Water Act, ) FINAL ORDER
33 U.S.C. § 1319(g) )
)
COMPLAINT
Jurisdiction
1. This is an administrative action for the assessment of civil penalties instituted
pursuant to Section 309(g) of the Federal Water Pollution Control Act, commonly referred to as
the Clean Water Act("CWA"), 33 U.S.C. § 1319(g), and in accordance with the United States
Environmental Protection Agency's("EPA's") Consolidated Rules of Practice Governing the
Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of
Permits, 40 C.F.R. Part 22 ("Consolidated Rules of Practice").
2. Complainant, the United States Environmental Protection Agency, Region 7
("EPA" or"Complainant") and Respondent, the city of Salina, Kansas (hereafter, "City"or
"Respondent"), have agreed to a settlement of this action before the filing of a complaint, and
thus this action is simultaneously commenced and concluded pursuant to Rules 22.13(b) and
22.18(bx2) and (3)of the Consolidated Rules, 40 C.F.R. §§ 22.13(b) and 22.18(bX2) and(3).
3. This Complaint and Consent Agreement/Final Order serves as notice that the EPA
has reason to believe that Respondent violated Section 405 of the CWA, 33 U.S.C. § 1345,and a
permit issued pursuant to Section 402 of the CWA, 33 U.S.C. § 1342, and regulations
promulgated thereunder and codified at 40 C.F.R. Part 503.
Parties
4. The authority to take action under Section 309(g)of the CWA,33 U.S.C.
§ 1319(g), is vested in the Administrator of EPA. The Administrator has delegated this authority
to the Regional Administrator, EPA,Region 7,who in turn has delegated it to the Director of the
Water, Wetlands and Pesticides Division of EPA, Region 7.
In the Matter of the City of Salina,Kansas •
Complaint and Consent Agreement/Final Order
EPA Docket No. CWA-07-2019-0041
Page 2of14
5. Respondent is the city of Salina, Kansas, a municipality organized under the laws
of the state of Kansas and authorized to conduct business in the state of Kansas.
Statutory and Regulatory Framework
6. Section 405(a)of the CWA, 33 U.S.C. § 1345(a), prohibits the disposal of sewage
sludge resulting from the operation of a treatment works where the disposal would result in any
pollutant from such sewage sludge entering the navigable waters, except in accordance with a
permit issued pursuant to Section 402 of the CWA, 33 U.S.C. § 1342.
7. Section 402 of the CWA, 33 U.S.C. § 1342, provides that pollutants may be
discharged only in accordance with the terms of a National Pollutant Discharge Elimination
System ("NPDES")permit issued pursuant to that Section.
8. Section 405(d)(1)of the CWA, 33 U.S.C. § 1345(d)(l), provides that the
Administrator shall develop and publish regulations providing guidelines for the disposal of
sludge and the utilization of sludge for various purposes.
9. Pursuant to Section 405(d)(l) of the CWA, the EPA promulgated regulations
governing the Standards for the Use or Disposal of Sewage Sludge which are set forth at
40 C.F.R. Part 503 (the "Sludge Management Program"). These regulations establish
recordkeeping and reporting requirements, pollutant limits and site management practices
applicable to owners or operators of treatment works treating domestic sewage, and standards for
the final use or disposal of sewage sludge generated during the treatment of domestic sewage in
treatment works.
10. The Kansas Department of Health and Environment ("KDHE") is the state agency
with the authority to administer the federal NPDES program in Kansas pursuant to Section 402
of the CWA. The EPA maintains concurrent enforcement authority with authorized states for
violations of the CWA.
11. The state of Kansas has not applied for or obtained primary authority to
administer and enforce the Sludge Management Program pursuant to Sections 402(b)or 405(c)
of the CWA, 33 U.S.C. §§ 1342(b)or 1345(c), and 40 C.F.R. Part 501. The EPA directly
implements the Sludge Management Program in Kansas, and is therefore the "permitting
authority," as defined by 40 C.F.R. § 503.9(p), for purposes of the sludge management program.
12. Section 405(e)of the CWA, 33 U.S.C. § 1345(e), prohibits the disposal of sludge
from a publicly owned treatment works or any other treatment works treating domestic sewage
for any use for which regulations have been established pursuant to subsection (d) of that
Section, except in accordance with such regulations.
In the Matter of the City of Salina. Kansas
Complaint and Consent Agreement/Final Order
EPA Docket No. CWA-07-2019-0041
Page 3 of 14
13. The regulations found in Subpart B of 40 C.F.R. Part 503 apply to any person
who prepares sewage sludge that is applied to the land, to any person who applies sewage sludge
to the land, to sewage sludge applied to the land, and to the land on which sewage sludge is
applied. 40 C.F.R. § 503.10(a).
14. Pursuant to 40 C.F.R. § 503.9(r), a "person who prepares sewage sludge" is either
the person who generates sewage sludge during the treatment of domestic sewage in a treatment
works or the person who derives a material from sewage sludge.
15. Pursuant to 40 C.F.R. § 503.11 (h), "land application" means the spraying or
spreading of sewage sludge onto the land surface; the injection of sewage sludge below the land
surface; or the incorporation of sewage sludge into the soil so that the sewage sludge can either
condition the soil or fertilize crops or vegetation grown in the soil.
16. Section 309(g)(1)of the CWA, 33 U.S.C. § 1319(g)(1), authorizes the issuance of
penalty against any person who violates Section 405 of the CWA, 33 U.S.C. § 1345, or a permit
issued pursuant to Section 402 of the CWA, 33 U.S.C. § 1342.
EPA's General Allegations
17. The City is a"municipality" and a"person" as defined by Sections 502(4) and(5)
of the CWA, 33 U.S.C. §§ 1362(4)and(5)and 40 C.F.R. §§ 503.9(o) and (q), respectively.
18. At all relevant times, Respondent has owned and/or operated a publicly owned
treatment works("POTW"), as defined by 40 C.F.R. § 503.3(q),(hereinafter, referred to as the
"Facility") located at 596 North Marymount Road, Salina, Kansas. Respondent used the Facility
for the"treatment of sewage sludge" as defined in 40 C.F.R. § 503.9(z).
19. Respondent generates "sewage sludge" that is used for"land application"as
these terms are defined by 40 C.F.R. §§ 503.9(w) and 503.11(h),respectively. Respondent land
applies its Class B sewage sludge at locations within Saline County, Kansas.
20. Respondent is subject to Section 405 of the CWA, 33 U.S.C. § 1345, and
40 C.F.R. Part 503, Subpart B, because it is a "person who prepares sewage sludge," as defined
at 40 C.F.R. § 503.9(r). NPDES Permit Number KS0038474, issued for the Respondent's
POTW by the KDHE on January 1, 2015,reiterates the Respondent's responsibility to comply
with Section 405 of the CWA and 40 C.F.R. Part 503.
21. 40 C.F.R. § 503.13(a)provides that bulk sewage sludge shall not be applied to
land if the concentration of any pollutant in the sewage sludge exceeds the ceiling concentration
for the pollutant in Table 1 of§ 503.13.
22. Respondent is required by 40 C.F.R. § 503.18 to submit an annual report to the
permitting authority, i.e., the EPA, each year by no later than February 19 regarding its sludge
activities for the preceding calendar year.
In the Matter of the City of Salina, Kansas
Complaint and Consent Agreement/Final Order
EPA Docket No. CWA-07-2019-0041
Page 4 of 14
23. Respondent submitted annual reports to the EPA covering calendar year 2016
(hereafter"2016 annual report"), on February 17, 2017, covering calendar year 2017 (hereafter
"2017 annual report"), on February 19, 2018, and covering calendar year 2018 (hereafter"2018
annual report"), on February 19, 2019, pursuant to the requirements of 40 C.F.R. Part 503. The
reports contain a summary of Respondent's testing results and land application information for
sludge, including land application sites, dates of land application and quantities of sludge applied
to each site for each application.
24. 40 C.F.R. § 503.13(a)Table 1 limits the ceiling concentration for Molybdenum in
sewage sludge applied to the land to 75 milligrams per kilogram.
25. The 2016, 2017 and 2018 annual reports submitted by Respondent document that
analysis of the Respondent's sludge sampled in the second and third quarters of 2016,the third
quarter of 2017, and the fourth quarter of 2018, showed Respondent's bulk sewage sludge
contained concentrations of Molybdenum in excess of the ceiling concentration of 75 milligrams
per kilogram permitted by 40 C.F.R. § 503.13(a)Table 1.
26. On or about September 24 through 26, 2018, the EPA performed an audit of
Respondent's Pretreatment program ("Audit")under the authority of Section 308 of the CWA,
33 U.S.C. § 1318. Information collected during the Audit confirmed that the Respondent had
land applied sewage sludge in 2016 and 2017 concentrations of Molybdenum in excess of the
ceiling concentration of 75 milligrams per kilogram permitted by 40 C.F.R. § 503.13(a) Table 1.
EPA's Specific Allegations
Failure to Comply with Ceiling Concentration Limitations
27. The facts stated above are herein incorporated.
28. Based on information presented by Respondent in its 2016, 2017 and 2018 annual
reports, Respondent land applied bulk sewage sludge on twelve separate occasions between
April 1, 2016, and September 30, 2016, on four separate occasions between July 1, 2017, and
September 30, 2017, and on four occasions between October 1, 2018, and December 31, 2018,
containing Molybdenum concentrations in excess of the ceiling concentration of 75 milligrams
per kilogram permitted by 40 C.F.R. § 503.13(a)Table 1.
29. Respondent's failure to comply with the ceiling concentration limitations
described in Paragraph 28, above, is a violation of Section 405 of the CWA, 33 U.S.C. § 1345,
and implementing regulations at 40 C.F.R. Part 503.
30. As alleged by the EPA above, and pursuant to Section 309(g)(2)(B) of the CWA,
33 U.S.C. § 1319(g)(2)(B), as adjusted pursuant to 40 C.F.R. § 19.4, Respondent is liable for
civil penalties of up to $21,933 per day for each day during which the violation continues, up to a
maximum of$274,159.
In the Matter of the City of Salina, Kansas
Complaint and Consent Agreement/Final Order
EPA Docket No. CWA-07-2019-0041
Page 5 of 14
CONSENT AGREEMENT
31. Respondent and the EPA agree to the terms of this Consent Agreement'Final
Order.
32. Respondent admits the jurisdictional allegations of this Complaint and Consent
Agreement'Final Order and agrees not to contest the EPA's jurisdiction in this proceeding or any
subsequent proceeding to enforce the terms of the Consent Agreement/Final Order.
33. Respondent neither admits nor denies the factual allegations and legal conclusions
contained in this Complaint and Consent AgreementTinal Order.
34. Respondent waives its right to contest any issue of fact or law set forth above, and
its right to appeal this Consent Agreement/Final Order.
35. Respondent and Complainant each agree to resolve the matters set forth in this
Consent Agreement/Final Order without the necessity of a formal hearing and agree to bear their
own costs and attorney's fees.
36. As required by Section 309(g)(3) of the CWA, 33 U.S.0 § 1319(g)(3), the EPA
has taken into account the nature, circumstances, extent and gravity of the alleged violations as
well as Respondent's economic benefit of noncompliance, ability to pay, and other relevant
factors in determining the appropriate penalty settlement amount to resolve this action.
37. The undersigned representative of Respondent certifies that he or she is fully
authorized to enter into the terms and conditions of this Consent Agreement/Final Order and to
execute and legally bind Respondent to it.
38. Respondent understands and agrees that this Consent Agreement/Final Order shall
apply to and be binding upon Respondent and Respondent's agents, successors and/or assigns.
Respondent shall ensure that all contractors, employees, consultants, firms or other persons or
entities acting for Respondent with respect to matters included herein comply with the terms of
this Consent Agreement'Final Order.
39. Respondent certifies by signing this Consent Agreement/Final Order that, to the
best of its knowledge, Respondent is currently in compliance with all requirements of the CWA
and its implementing regulations, including, but not limited to, the requirements of 40 C.F.R.
Part 503.
40. This Consent Agreement'Final Order addresses all civil administrative claims for
CWA violations identified above. Complainant reserves the right to take any enforcement action
with respect to other violations of the CWA or any other applicable law.
In the Matter of the City of Salina,Kansas
Complaint and Consent Agreement/Final Order
EPA Docket No. CWA-07-2019-0041
Page 6 of 14
Supplemental Environmental Project
41. In settlement of this matter, Respondent shall complete the following
Supplemental Environmental Project("SEP"), which the parties agree is intended to secure
significant environmental or public health protection and improvements:
a. Project Description: Respondent shall design, construct and implement a
pollution prevention project to address harmful algal blooms in a 0.83 acres
pond in Jerry Ivey Park, a public recreational park owned and maintained by
the city of Salina, Kansas. As further described in Attachment A of this
Consent Agreement and Final Order, the project includes eliminating current
sources of nutrients in the pond, installing plants in the pond to maximize the
uptake of nutrients, introducing aquatic life appropriate to reduce nutrients,
installing an aeration system to improve plant nutrient uptake, install
ultrasonic algae control, controlling water fowl populations, and developing
and implementing a community involvement plan;
b. SEP Implementation Duration: Respondent shall continue to fully implement
and maintain the project for a minimum of two (2)years following the SEP
Completion Date;
c. SEP Cost: The total expenditure for the SEP shall be not be less than
$60,000; and
d. SEP Completion Date: By no later than June 1, 2020, Respondent shall
complete construction and begin full implementation of the SEP.
42. SEP Completion Report: July 1, 2020, Respondent shall submit a SEP
Completion Report to EPA, with a copy to KDHE.
a. The SEP Completion Report shall contain the following:
(i) A detailed description of the SEP, including but not limited to, as-built
documentation, photographs, a description of the community involvement
plan, and data regarding the effectiveness of the project in reducing
harmful algal blooms;
(ii) Itemized costs, documented by copies of records such as purchase orders,
receipts or canceled checks, and a statement confirming that SEP
expenses do not include in-house personnel or equipment costs; and
b. The SEP Completion Report an all other submittals regarding the SEP shall
include following certification signed by Respondent or its authorized
representative:
I certifr under penalty of law that I have examined and am familiar with the information submitted
in this document and all attachments and that, based on my inquiry of those individuals
In the Matter of the City of Salina, Kansas
Complaint and Consent Agreement/Final Order
EPA Docket Na. CWA-07-2019-0041
Page 7 of 14
immediately responsible for obtaining the information, the information is true, accurate, and
complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment.
c. The SEP Completion Report and all other submittals regarding the SEP shall
be sent to:
bruno jodi(epa_gov
Jodi Bruno, or her successor
WWPD/WENF
U.S. Environmental Protection Agency
Region 7
11201 Renner Boulevard
Lenexa, Kansas 66219.
43. SEP Effectiveness Report: By no later than December 31, 2020, Respondent shall
submit a report to the EPA, with a copy to KDHE, describing the effectiveness of the SEP, any
challenges encountered and how Respondent addressed them, information regarding
implementation of the community involvement plan, and any other information Respondent
believes is relevant and helpful. The SEP Effectiveness Report shall be submitted in a manner
consistent with the requirements of Paragraph 42, subparagraphs (b) and (c).
44. Respondent agrees that failure to submit, or failure to timely submit, the Detailed
SEP Description or the SEP Completion Report required by Paragraph 42, above, shall be
deemed a violation of this Consent Agreement and Order and Respondent shall become liable for
stipulated penalties pursuant to Paragraph 45, below.
45. Stipulated Penalties for Failure to Timely Submit and/or Complete SEP
Requirements and/or Failure to Spend Agreed-on Amount:
a. In the event that Respondent fails to comply with any of the terms or
provisions of this Agreement relating to the performance of the SEP described
in Paragraph 41 and Attachment A, and'or to the extent that the actual
expenditures for the SEP do not equal or exceed the SEP Cost described in
Paragraph 41(c), above, Respondent shall be liable for stipulated penalties
according to the provisions set forth below:
(i) Except as provided below, for a SEP which has not been completed
satisfactorily pursuant to this Consent Agreement and Order, Respondent
shall pay a stipulated penalty to the United States in the amount of
$45,562.
(ii) If the SEP is completed in accordance with Paragraph 41 and
Attachment A, but the Respondent spent at least 50 percent, but less than
70 percent, of the amount of money required to be spent for the project.
Respondent shall pay a stipulated penalty to the United States in the
amount of S10,000.
In the Matter of the City of Salina,Kansas
Complaint and Consent Agreement/Final Order
EPA Docket No. CWA-07-2019-0041
Page 8 of 14
(iii) Respondent shall not be liable for stipulated penalties if:
(a) the SEP is not completed in accordance with Paragraph 41 and
Attachment A,but the Complainant determines that the Respondent:
(1) made good faith and timely efforts to complete the project; and (2)
certifies, with supporting documentation, that at least 70 percent of
the amount of money which was required to be spent was expended
on the SEP; or
(b) the SEP is completed in accordance with Paragraph 41 and
Attachment A, and the Respondent spent at least 70 percent of the
amount of money required to be spent for the project.
(iv) Respondent shall pay a stipulated penalty in the amount of$50 for each
day it fails to submit either of the following reports after the report was
originally due, and until the report is submitted:
(a) the SEP Completion Report specified in Paragraph 42, above; or
(b) the SEP Effectiveness Report specified in Paragraph 43, above.
b. The determinations of whether the SEP has been satisfactorily completed and
whether the Respondent has made a good faith, timely effort to implement the
SEP shall be in the sole discretion of EPA.
c. Respondent shall pay stipulated penalties not more than fifteen(15) days after
receipt of written demand by the EPA for such penalties. Interest and late
charges shall be paid as stated in Paragraph 53,below. The method of
payment shall be in accordance with the provisions of Paragraphs 50 and 51,
below.
46. Respondent certifies that it is not required to perform or develop the SEP by any
federal, state or local law or regulation; nor is Respondent required to perform or develop the
SEP by agreement, grant or as injunctive relief in this or any other case or to comply with state
or local requirements. Respondent further certifies that Respondent has not received, and is not
presently negotiating to receive, credit in any other enforcement action for the SEP.
47. Respondent further certifies that it is not a party to any open federal financial
assistance transaction that is funding or could be used to fund the same activity as the SEP.
Respondent further certifies that, to the best of its knowledge and belief after reasonable inquiry,
there is no such open federal financial transaction that is funding or could be used to fund the
same activity as the SEP, nor has the same activity been described in an unsuccessful federal
financial assistance transaction proposal submitted to the EPA within two years of the date of
this settlement(unless the project was barred from funding as statutorily ineligible). For the
purposes of this certification, the term "open federal financial assistance transaction" refers to a
grant, cooperative agreement, loan, federally-guaranteed loan guarantee or other mechanism for
providing federal fmancial assistance whose performance period has not yet expired.
In the Matter of the City of Salina, Kansas
Complaint and Consent Agreement/Final Order
EPA Docket No. CRA-07-2019-0041
Page 9 of 14
48. Any public statement, oral or written, in print, film or other media, made by
Respondent making reference to the SEP shall include the following language: "This project
was undertaken in connection with the settlement of an enforcement action taken by the United
States Environmental Protection Agency.
Penalty Payment
49. Respondent agrees that, in settlement of the claims alleged in this Consent
Agreement'Final Order, Respondent shall pay a civil penalty of Fifteen Thousand One
Hundred Eighty-Eight Dollars ($15,188)pursuant to the authority of Section 309(g)(2)(B) of
the CWA, 33 U.S.C. § 1319(g)(2)(B), to be paid in full no later than thirty (30) days of the
effective date of this Consent Agreement'Final Order as set forth below.
50. Respondent shall pay the penalty identified in Paragraph 49 by certified or
cashier's check made payable to "Treasurer, United States of America,"with a transmittal that
identifies the case name, facility address, and docket number CWA-07-2019-004l to:
U.S. Environmental Protection Agency
Fines and Penalties
Cincinnati Finance Center
P.O. Box 979077
St. Louis, Missouri 63197-9000
or by alternate payment method described at http://www.epa.gov/financial/makepayment_
51. Respondent shall simultaneously send copies of the transmittal letter and the
check, as directed above, to the following:
Lisa Haugen
Regional Hearing Clerk
U.S. Environmental Protection Agency
11201 Renner Boulevard
Lenexa, Kansas 66219
and
Patricia Gillispie Miller
Office of Regional Counsel
U.S. Environmental Protection Agency
11201 Renner Boulevard
Lenexa, Kansas 66219.
52. Respondent agrees that no portion of the civil penalty or interest paid by
Respondent pursuant to the requirements of this Consent Agreement'Final Order shall be
claimed by Respondent as a deduction for federal, state, or local income tax purposes.
In the Matter of the City of Salina, Kansas
Complaint and Consent Agreement/Final Order
EPA Docket No. CWA-07-2019-0041
Page 10 of 14
53. Respondent understands that, pursuant to 40 C.F.R. § 13.18, interest on any late
payment will be assessed at the annual interest rate established by the Secretary of the Treasury
pursuant to 31 U.S.C. § 3717. The interest will be assessed on any overdue amount from the due
date through the date of payment. Failure to pay the civil penalty when due may result in the
commencement of a civil action in Federal District Court to collect said penalty, together with
costs or interest.
Effect of Settlement and Reservation of Rishts
54. Respondent's payment of the entire civil penalty and completion of the
Supplemental Environmental Project, or payment of applicable stipulated penalties,pursuant to
this Consent Agreement/Final Order resolve all civil and administrative claims pursuant to
Section 309(g) of the CWA, 33 U.S.C. § 1319(g), for violations alleged in this Consent
Agreement/Final Order. Complainant reserves the right to take any enforcement action with
respect to any other violations of the CWA or any other applicable law.
55. The effect of settlement described above is conditional upon the accuracy of the
Respondent's representations to the EPA, as memorialized in Paragraph 39 of this Consent
Agreement/Final Order.
56. Nothing contained in this Consent Agreement/Final Order shall alter or otherwise
affect Respondent's obligations to comply with all applicable federal, state, and local
environmental statutes and regulations and applicable permits, nor shall it be construed to be a
ruling on, or determination of, any issue related to any federal, state or local permit.
57. Notwithstanding any other provision of this Consent Agreement/Final Order, the
EPA reserves the right to enforce the terms of this Consent Agreement/Final Order by initiating a
judicial collection action pursuant to Section 309(g)(9) of the CWA, 33 U.S.C. § 1319(g)(9), and
to seek penalties against Respondent or to seek any other remedy allowed by law.
58. With respect to matters not addressed in this Consent Agreement/Final Order, the
EPA reserves the right to take any enforcement action pursuant to the CWA and its
implementing regulations, or any other available legal authority, including without limitation, the
right to seek injunctive relief, penalties and damages.
General Provisions
59. The Parties acknowledge that this Consent Agreement/Final Order is subject to
the public notice and comment required pursuant to Section 309(g)(4) of the CWA, 33 U.S.C.
§ 1319(gx4), and 40 C.F.R. § 22.45.
In the Matter of the City of Salina, Kansas
Complaint and Consent Agreement Final Order
EPA Docket No. CtiA-07-2019-0011
Page 11 of 14
60. Pursuant to 40 C.F.R. § 22.31(b). this Consent Agreement/Final Order shall be
effective after entry of the Final Order and upon filing with the Regional Hearing Clerk,U.S.
Environmental Protection Agency. Region 7. 1 1201 Renner Boulevard, Lenexa. Kansas 66219.
All time periods herein shall be calculated therefrom in calendar days unless otherwise provided
in this Consent Agreement/Final Order.
61. The state of Kansas has been provided an opportunity to consult with
Complainant regarding this matter in accordance with the requirements of 40 C.F.R. § 22.38(b)
and Section 309(g)(1) of the CWA, 33 U.S.C. § 1319(g)(1).
62. The headings in this Consent Agreement/Final Order are for convenience of
reference only and shall not affect interpretation of this Consent Agreement/Final Order.
63. Respondent and Complainant agree that this Consent Agreement/Final Order may
be signed in part and counterpart.
For the Complainant,United States Environmental Protection Agency, Region 7:
/ 17 //
Date Jeffery Robichaud
Director
Water, Wetlands and Pesticides Division
U.S. Environmental Protection Agency— Region 7
5dtdAttc-;/.
Patricia Gillispie Miller
Office of Regional Counsel
U.S. Environmental Protection Agency — Region 7
In the Matter of the City of Salina, Kansas
Complaint and Consent Agreement/Final Order
EPA Docket No. CWA-07-2019-0041
Page 12 of 14
For the Respondent,City of Salina,Kansas:
CJ "-�
Date Signature
Name: Trent 141' S P2•b
Title: 111 61/4-yo r, er fj of Sa Ii 44-
In the Matter of the City of Salina, Kansas
Complaint and Consent Agreement'Final Order
EPA Docket No. CWA-07-2019-0041
Page 14 of 14
CERTIFICATE OF SERVICE
I certify a true and correct copy of the Complaint and Consent Agreement/Final Order was sent
this day in the following manner to the addressees:
Copy by First Class Mail to Respondent:
The Honorable Trent W. Davis, M.D., Mayor
City of Salina
City-County Building
300 West Ash Street
Salina, Kansas 67401
Copy emailed to Attorney for Complainant:
Patricia Gillispie Miller
U.S. Environmental Protection Agency - Region 7
millerpatriciag@epa.gov
Copy by First Class Mail to the Kansas Department of Health and Environmental:
Jaime Gaggero, Director
Kansas Department of Health and Environment
Bureau of Water
1000 SW Jackson Street, Suite 420
Topeka, Kansas 66612-1367.
1-Afe it) 20 19 i
Date Lisa Haugen
Hearing Clerk, Region 7
In the Matter of the City of Salina, Kansas
Complaint and Consent Agreement/Final Order
EPA Docket No. CWA-07-2019-0041
Page 13 of 14
FINAL ORDER
Pursuant to Section 309(g)of the CWA, 33 U.S.C. § 1319(g),and the Consolidated Rules of
Practice Governing the Administrative Assessment of Civil Penalties and the Revocation,
Termination or Suspensioi of Permits, 40 C.F.R. Part 22, the foregoing Consent Agreement
resolving this matter is hereby ratified and incorporated by reference into this Final Order.
The Respondent is ORDERED to comply with all of the terms of the Consent Agreement. In
accordance with 40 C.F.R. § 22.31(b), the effective date of the foregoing Consent Agreement
and this Final Order is the date on which this Final Order is filed with the Regional Hearing
Clerk.
IT IS SO ORDERED.
atr CI
Date Karina Borromeo
Regional Judicial Officer
In the Matter of the City of Salina. Kansas
Complaint and Consent Agreement/Final Order
EPA Docket No. CWA-07-2019-0041
Attachment A
Final
City of Salina, Kansas Sewage Treatment Plant
Supplemental Environmental Project
Jerry Ivey Park
Harmful Algal Bloom
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Background
Jerry Ivey Park - 735 E Magnolia Road includes: four lighted tennis courts, picnic shelters,
playground equipment designed for children of all ages and physical abilities, sand volleyball,
basketball court and walking, jogging area and a spray water park in the summer months:
Refer to map below. This popular neighborhood park is extensively used by the public year
round. The park includes a 0.83 acre shallow urban pond (2.5 feet deep at the edge and 5.0 feet
deep at the center) that was constructed in 1997. Amenities to the pond include a gazebo
located on the south side, observation deck on the north end, floating fountain with lights,
irrigation well, and meandering stream with recirculating pump on the southwest side, and a
diffuser. The majority of the water in the pond comes from an on-site irrigation well and
surface drainage from the adjacent park land, with very little runoff from the streets and
parking areas. A flock of approximately 10-20 ducks and geese use the pond as their year-
round home. During the winter months as many as 300-500 wild ducks and geese winter on
the pond. The large number of water fowl at the park results in higher levels of nutrients in the
pond which then feeds the algae.
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Problem to Solve
Over the last several years the pond at Jerry Ivey Park has had a Harmful Algal Bloom (HAB)
problem with 2018 being the worst year. In 2018, during the summer months of July through
October, the Kansas Department of Health and Environment (KDHE) recommended that the
pond be posted with a Warning - Harmful Algae Present, stating people and animals could
become sick if they come in contact with the algae. Refer to Appendix A (Kansas Department of
Health and Environment, Harmful Algal Blooms in Kansas: 2018 Statistics). In previous years
fish kills have occurred in the pond due to the algae. HABs, or the rapid growth of algae, can
produce toxins that have harmful effects on people, fish, and animals. Jerry Ivey Park is one of
the most utilized parks in Salina, and therefore, it is very important to protect public health,
safety, and welfare, as well as the environment by preventing HABs from growing in the pond
during the summer months when public use is at its highest level.
During the HAB, those most at risk when exposed to the toxins are small children and pets that
frequently enjoy the park amenities. A walking path is located at the pond's edge, which allows
access to the water's edge. The adjoining gazebo frequently hosts wedding and other events.
The current aeration method is a spray fountain that creates over spraying that extends into
the walking path and gazebo area. Despite prominent signage, citizens in general, children in
particular, and pets are observed coming in active contact with the water despite blue green
algae warnings.
Possible Solutions
• First Priority - Pump the pond dry, and excavate organic sediment to eliminate nutrient
recycling. Refill the pond with ground water from a well on site.
• Irrigate the surrounding turf grass with pond water and refill pond with ground water
from well on site.
• Construct floating wetlands to reduce the phosphorus level in the pond. The root
systems from the aquatic plants take up the nutrients.
• Construct a wetland shelf around the perimeter of the pond to capture the nutrients.
• Evaluate fish population. Carp, catfish and other bottom feeding fish muddy the water
and reduce the photic zone. The less photic zone will reduce the amount of algae mass
that can grow.
• Install aeration system, to include diffusers on the bottom of pond near the floating
islands to help circulate the nutrients so the aquatic plants take up the nutrients.
• Install Ultrasonic devices to help aid in controlling the HABs. This technology has not
been fully vetted and is considered innovative.
• Install two fountains to help keep the pond aerated.
• Work with Kansas Department of Wildlife and Parks in controlling the water fowl
population.
• Develop a Community Involvement Plan for input on the project/water fowl control.
Removal of the resident duck and goose population is critical to reducing the nutrient
level in the pond.
Additional solutions suggested by KDHE and engineering consultants:
• Treat the pond with liquid Alum. A small area of the pond was treated with limited
success. Treating the entire pond was ruled out because of the potential risk of a large
fish kill.
• Evaluate deepening the center of the pond. Target 8 foot of depth to decrease the
temperature of the bottom sediments and slow the release of dissolved phosphorus.
• Partial shading with trees. Grade an island in the center of the pond and plant trees.
SEP Proposed Timeline
• EPA Preliminary Review/Approval of SEP March 8, 2019
• Estimated Project Costs March 22, 2019
• Consent Agreement/Final Order Executed April 22, 2019
• Public Input on Project/Water Fowl Control May—July 2019
• Design Complete December 31, 2019
• Begin Construction January 1, 2020
• Completion Date June 1, 2020
• Completion Report July 1, 2020
• Effectiveness Report December 31, 2020
• Implementation Duration -Two Years June 1, 2022
Appendix A: Kansas Department of Health and Environment, Harmful Algal Bloom in Kansas:
2018 Statistics
Appendix B: Jerry Ivey Park Harmful Algal Bloom - Estimated Costs
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VVARNING
Harmful Algae Present
People & Animals May Get Sick
Avoid Water Contact Keep Pets
Away From
Water
• Avoid areas of algae accumulation
• Don't let people/pets eat dried algae or drink untreated
lake water
• If people/pets contact lake water-wash with clean
water as soon as possible
In case of harmful algae contact, call doctor/ D: '
veterinarian if people/animals have nausea, vomiting, #d -T
diarrhea, rash, irritated eyes,seizures, breathing _ '�, ra
problems or other unexplained illness ❑ 71-•{!.
For more information:
Report new algae-blooms to Report possible algae-bloom illness Scan this code or visit
Kansas Department of Health and to Kansas Department of Health kdheks,gov/algaeillness
Environment and Environment
www.kdheks.gov/algae-illness www.kdheks.gov/algae-illness Posted by
or call or call
785-296-1664 87777317 Posted on.
Kansas Dept.of Health and Environment 1000 SW Jackson,Topeka,Kansas 66612,785-2964500 www.kdheks.gov
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APPENDIX B
City of Salina, Kansas Sewage Treatment Plant
Supplemental Environmental Project
Jerry Ivey Park
Harmful Algal Bloom
Estimated Costs
1. Pump pond down to toe of wall - leave bottom «et.
Floating Pump/Electrical, Piping and Pump Sock $ 3,500
2. Construct three Floating Wetlands/Plant Material $22,500
3. Install two Ultrasonic Devices/Electrical and Flex-arm $15,000
4. Laboratory Analysis of TKN, TP and Speciation $ 5,000
of HAB for two years (5 months June - October)
5. Install Aeration System with Blower/Electrical and $11,000
Weighted Tube Full length of Pond
6. Community Outreach including a minimum of two $ 3,000
public meetings and educational signage to include
Water Foul Control Measures and Wetlands Function
Total: $60,000