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November 15, 2000
Vol. 30, No. 346

For further information, contact Peder Hansen, Surface Water Discharges, 302-739-5731, or Melinda Carl, Office of Information and Education, 302-739-4506

U.S. Filter Operating Services and Wilmington Public Works Assessed $91,000 Penalty for Pollution Violations

Department of Natural Resources and Environmental Control Secretary Nicholas A. DiPasquale issued a Notice of Administrative Penalty Assessment and Order with a penalty of $91,000 today to U.S. Filter Operating Services, Inc. and the City of Wilmington, Department of Public Works.

Wilmington Public Works and U.S. Filter, which operates the city's wastewater treatment facility at 12th Street and Hay Road, were assessed the penalty plus $4,026 in recoverable costs for an August 2000 sewage spill in violation of Delaware's water pollution control regulations and the city's National Pollutant Discharge Elimination System (NPDES) permit conditions and limits; and, for exceeding the NPDES permit limits for six separate months between January 1999 and March 2000.

"The penalty action we are taking today is the result of an on-going series of violations that involved exceedances of the facility's discharge standards, as well as a one-time, 13 million gallon discharge from a pump station that, in our opinion, easily could have been prevented," said Secretary DiPasquale.

An NPDES permit was issued by DNREC to the city's Department of Public Works and U.S. Filter to discharge treated wastewater from the wastewater facility to Zone 5 of the Delaware River, subject to effluent discharge limitations, monitoring requirements and other terms and conditions. The permit also includes 38 combined sewer overflow points that discharge to tributaries of the Delaware River during wet weather conditions when sewage flows exceed the hydraulic capacity of the conveyance facilities. Five storm water outfalls from the facility discharge to Shellpot Creek.

DNREC was notified Aug. 28, 2000 that on Aug. 27, 2000, the city's wastewater treatment facility incurred a power failure at the 11th Street pump station that resulted in an illegal discharge of 13 million gallons of sewage to the Brandywine River over a 13-hour time period. The discharge was reportedly due to either failure of the backup equipment or the equipment being down for repairs.

A Notice of Violation was issued by DNREC to U.S. Filter and Wilmington Public Works on Aug. 31, 2000 for discharging pollutants in excess of limits authorized in the NPDES permit. The Department determined, after receiving an explanation of the event in September 2000 correspondence, that US Filter and Wilmington Public Works were responsible for the operational failure, and that the sewage spill was entirely preventable.

In addition to the sewage spill, U.S. Filter and Wilmington Public Works were assessed the penalty for NPDES permit limit violations for Outfall 001 reported in May, September, October and December 1999, and February and March 2000 Discharge Monitoring Reports. The permit limits violated include parameters for maximum fecal coliform, average and maximum concentrations for CBOD-5 (carbonaceous biochemical oxygen demand), average and maximum loadings for CBOD-5 and total suspended solids.

A Notice of Violation was issued by DNREC for these violations on March 15, 2000, as well as notification that the violations had met the U.S. Environmental Protection Agency criteria for both significant and chronic non-compliance.

"The City of Wilmington and its contract operator U.S. Filter must ensure the proper management and operation of the wastewater treatment plant to protect public health and the environment," added Secretary DiPasquale.

The problems at the pump station have been corrected and there have been no concentration violations at the wastewater treatment plant since March, according to Peder Hansen, manager of Surface Water Discharges, Division of Water Resources.

U.S. Filter and Wilmington Department of Public Works have 30 days to request a public hearing on the penalty assessment and Order.

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Document no. 40-01/00/11/06
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