Consent Agreement and Final Order - Social Capital Review

Month of Violation Number of ViolationsFebruary 2009 3March 2009 4April 2009 4May 2009 4June 2009 4July 2009 5August 2009 4September 2009 5October 2009 4November 2009 4December 2009 5January 2010 4February 2010 4March 2010 5April 2010 4May 2010 13.15. Section I.A. of the Permit contains a daily maximum concentration effluent limitfor Ammonia of 2.04 mg/l. Between June 2008 and May 2010, Respondent violated the dailymaximum concentration effluent limit for ammonia 84 times, constituting 84 violations. Theviolations are as follows:Month of Violation Number of ViolationsJune 2008 3August 2008 1September 2008 1October 2008 3November 2008 3December 2008 5January 2009 3February 2009 4March 2009 4Docket Docket Number [insert C W A-10-2011-0020docket no.]Consent Agreement and and Final Final OOrderrderIn In the the MMatter atter of: of: City of Toppenish, WashingtonPage Page 5 of of 14 14U.S. Environmental Protection Agency1200 Sixth Avenue, Suite 900Seattle, Washington 98101(206) 553-1037

Month of Violation Number of ViolationsJune 2009 30July 2009 31August 2009 31September 2009 30October 2009 31November 2009 30December 2009 31January 2010 31February 2010 28March 2010 31April 2010 30May 2010 313.18. Section I.A. of the Permit contains an average monthly concentration effluentlimit for Zinc of 45.9 ug/l. Between June 2008 and May 2010, Respondent violated the averagemonthly concentration effluent limit for Zinc two times, constituting 61 violations. Theviolations are as follows:Month of Violation Number of ViolationsDecember 2008 31June 2009 303.19. Under Section 309(g)(1) of the CWA, 33 U.S.C § 1319(g)(1), EPA may assess anCWA, 33 U.S.C. § 1342. Consequently, under Section 309(g)(2)(B) of the CWA, 33 U.S.C.§ 1319(g)(2)(B), Respondent is liable for the administrative assessment of civil penalties forviolations at the Facility in an amount not to exceed $16,000 per day for each day during whichthe violation continues, up to a maximum amount of $177,500.Docket Docket Number [insert C W A-10-2011-0020docket no.]Consent Agreement and and Final Final OOrderrderIn In the the MMatter atter of: of: City of Toppenish, WashingtonPage Page 8 of of 14 14U.S. Environmental Protection Agency1200 Sixth Avenue, Suite 900Seattle, Washington 98101(206) 553-1037

Office of Compliance and EnforcementAttn: Chae ParkU.S. Environmental Protection AgencyRegion 10, MS OCE-1331200 Sixth Avenue, Suite 900Seattle, WA 981014.7. If Respondent fails to pay the penalty assessed by this CAFO in accordance withthe payment schedule set forth in Paragraph 4.4, the entire unpaid balance of penalty and accruedinterest shall become immediately due and owing. Such failure may subject Respondent to acivil action to collect the assessed penalty under the CWA, together with interest, fees, costs, andadditional penalties described below. In any collection action, the validity, amount, andappropriateness of the penalty shall not be subject to review.4.7.1. Interest. Pursuant to Section 309(g)(9) of the CWA, 33 U.S.C.§ 1319(g)(9), any unpaid portion of the assessed penalty shall bear interest at a rateestablished by the Secretary of Treasury pursuant to 31 U.S.C. § 3717(a)(1) from theeffective date of the Final Order set forth in Part V, provided however, that no interestshall be payable on any portion of the assessed penalty that is paid within thirty (30) daysof the effective date of the Final Order.4.7.2. Attorneys Fees, Collection Costs, Nonpayment Penalty. Pursuant toSection 309(g)(9) of the CWA, 33 U.S.C. § 1319(g)(9), if Respondent fails to pay on atimely basis the penalty set forth in Paragraph 4.3, Respondent must pay (in addition toany assessed penalty and interest) attorneys fees and costs for collection proceedings anda quarterly nonpayment penalty for each quarter during which such failure to pay persists.Such nonpayment penalty shall be in an amount equal to 20% of the aggregate amount ofof such quarter.Docket Docket Number [insert C W A-10-2011-0020docket no.]Consent Agreement and and Final Final OOrderrderIn In the the MMatter atter of: of: City of Toppenish, WashingtonPage Page 10 of of 14 14U.S. Environmental Protection Agency1200 Sixth Avenue, Suite 900Seattle, Washington 98101(206) 553-1037

4.8. The penalty described in Paragraph 4.3, including any additional costs incurredunder Paragraph 4.7, represents an administrative civil penalty assessed by EPA and shall not bedeductible for purposes of federal taxes.4.9. The undersigned representative of Respondent certifies that he or she isauthorized to enter into the terms and conditions of this CAFO and to bind Respondent to thisdocument.4.10. Except as described in Subparagraph 4.7.2, above, each party shall bear its owncosts in bringing or defending this action.4.11. Respondent expressly waives any right to contest the allegations and waivesany right to appeal the Final Order set forth in Part V.4.12. The provisions of this CAFO shall bind Respondent and its agents, servants,employees, successors, and assigns.Docket Docket Number [insert C W A-10-2011-0020docket no.]Consent Agreement and and Final Final OOrderrderIn In the the MMatter atter of: of: City of Toppenish, WashingtonPage Page 11 of of 14 14U.S. Environmental Protection Agency1200 Sixth Avenue, Suite 900Seattle, Washington 98101(206) 553-1037

and EPA.4.13. The above provisions are STIPULATED AND AGREED upon by RespondentDATED:FOR RESPONDENT:Signature: ______________________Print Name: _____________________Title: __________________________DATED:FOR COMPLAINANT:EDWARD J. KOWALSKI, DirectorOffice of Compliance and EnforcementDocket Docket Number [insert C W A-10-2011-0020docket no.]Consent Agreement and and Final Final OOrderrderIn In the the MMatter atter of: of: City of Toppenish, WashingtonPage Page 12 of of 14 14U.S. Environmental Protection Agency1200 Sixth Avenue, Suite 900Seattle, Washington 98101(206) 553-1037

C E R T I F I C A T E O F SE R V I C EThe undersigned certifies that the original of the attached C O NSE N T A G R E E M E N TA ND F IN A L O RD E R in In the Matter of: City of Toppenish, Idaho D O C K E T N O.: CWA-10-2011-0020 was filed with the Regional Hearing Clerk on [insert date], 2011.On [insert date], 2011 the undersigned certifies that a true and correct copy of thedocument was delivered to:Stephanie Mairs, EsquireOffice of Regional CounselU.S. Environmental Protection Agency1200 Sixth Avenue, ORC-158Suite 900Seattle, WA 98101Further, the undersigned certifies that a true and correct copy of the aforementioneddocument was placed in the United States mail certified/return receipt on [insert date], to:William Murphy, City ManagerCity of Toppenish21 West First AvenueToppenish, WA 98948DATED this ___ day of _____________2011.__________________________________________Carol KennedyRegional Hearing ClerkEPA Region 10Docket Docket Number [insert C W A-10-2011-0020docket no.]Consent Agreement and and Final Final OOrderrderIn In the the MMatter atter of: of: City of Toppenish, WashingtonPage Page 14 of of 14 14U.S. Environmental Protection Agency1200 Sixth Avenue, Suite 900Seattle, Washington 98101(206) 553-1037