R2016-63 AUTHORIZING A MULTI-YEAR AGREEMENT - Bainbridge, Gee, Milanski & Associates, Inc.

Home Browse Search

33.Any overflow point or other discrete fissure in Respondent's Separate Sanitary Sewer Collection System from which sewage has been or may be discharged to the waters of the United States constitutes a"point source,"pursuant to Section 502(14) of the CWA, 33 U.S.C. § 1362(14). 34. Sanitary sewage is a"pollutant,"pursuant to Section 502(6)of the CWA, 33 U.S.C. § 1362(6). 35.Respondent has identified 19 Sazutary Sewer Discharges that have occurred since 2010. 36.The table attached to this Order as Attachment B provides a summary of the Sanitary Sewer Dischazge events since 2010, including the date of the event,the location,the estimated volume dischazged,the cause of the event,the weather conditions during the event,the final disposition of the Sanitary Sewer Dischazges,the affected waterway,any mitigating actions taken by the Respondent,whether the SSO was reported to the Illinois Environmental Protection Agency(IEPA),.and whether there was any observed discernible environmental harm. 37. The Sanitary Sewer Discharges deta.iled in Attachment B are"discharges of a pollutant" from a"point source"to a"navigable water,"as those terms are defined at Section 502(7), (12)and(14)of the CWA, 33 U.S.C. § 1362(7), (12) and(14), and 40 C.F.R. § 122.2. 38. Respondent has identified Property Backups that occurred within Respondent's Separate Sanitary Sewer Collection System and Respondent's Combined Sewer System. 39. The table atta.ched to this Order as Attachment C provides the number of Property Backups that occurred due to a blockage within the private lateral,the number of Property Backups that occurred due to a blockage within the public main sewer line,and Property Backups that occurred due to heavy rainfall. 40.Respondent did not provide the numher of Property Backups that occurred within the Separate Sanitary Sewer System portion or the number of Property Backups that occurred within the Combined Sewer System portion of the Respondent's collection system. 41.Respondent does not have a NPDES permit which allows Sanitary Sewer Discharges or Unauthorized Combined Sewer Discharges. Respondent's discharges of sewage or other pollutants into any waters of the United States without a NPDES permit,as identified in either Attachment B or C,are violations of Section 301(a)of the CWA, 33 U.S.C. § 1311(a). COMPLIANCE REQUIREMENTS Pursuant to Sections 308(a)and 309(a)(3)of the CWA,33 U.S.C. §§ 1318(a)and 1319(a)(3), EPA orders that: 5 '