402_ESA_WW_1_Desk_Audit_Cover_Letter.pdf

RETURN RECEIPT REQUESTED

Mr. Walter Mills Acting Wastewater Treatment Plant Foreman City of Seaside 989 Broadway Seaside, Oregon 97138

Re: Expedited Settlement Agreement (ESA) for City of Seaside Wastewater Treatment Plant in

Seaside, Oregon

Dear Mr. Mills:

The U.S. Environmental Protection Agency (EPA) conducted a desk audit for the City of Seaside Wastewater Treatment Plant (“Facility” or “Respondent”) located at Seaside, Oregon on March 4, 2024 for compliance with its National Pollutant Discharge Elimination System (NPDES) permit and the Clean Water Act (CWA). The desk audit reviewed the facilities compliance through EPA's national database, the Integrated Compliance Information System, which contains information regarding discharge monitoring reports (DMRs) and other reports required to be submitted by the Permit. The desk audit and subsequent administrative records review indicated that the City of Seaside violated the December 8, 2018, NPDES permit number OR002040 (“Permit”).

EPA has authority under section 309 of the CWA, 33 U.S.C. § 1319, to take enforcement actions, including seeking civil penalties, for the alleged violations specified in the enclosed Expedited Settlement Offer Worksheet Violation Form (“Violations Form”). At this time, rather than undertake a more traditional enforcement action for civil penalties, EPA is offering the Respondent the opportunity to enter into the enclosed Expedited Settlement Agreement (ESA), provided the Respondent (1) has corrected the deficiencies cited in the Violations Form and (2) agrees to pay the administrative civil penalty in the Violations Form.

EPA encourages the expedited settlement of easily verifiable and correctable violations, such as those identified in the Violations Form. You may therefore choose to resolve the violations identified on this Violations Form quickly, without protracted litigation, by correcting the violations and signing and returning the attached ESA, in which you agree to submit payment for the reduced quick settlement penalty of $3,750. The ESA is issued in accordance with the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, and the Revocation, Termination or Suspension of Permits at 40 C.F.R. Part 22.

In order to avail yourself of the ESA option, you must take the following steps within 30 days of your receipt of this letter:

REGION 10

SEATTLE, WA 98101

1. Agree to correct all the violations identified in the Violations Form within 30 days of your receipt of this letter or an alternative time frame approved by EPA in writing. Please work with the Compliance Officer listed below to provide documentation of these corrections;

2. Return a digital copy of the signed ESA by email to:

Katrina Chambon, Compliance Enforcement Officer Chambon.Katrina@EPA.gov

If you are unable to email these items, then return the signed original ESA by certified mail to:

Katrina Chambon U.S. Environmental Protection Agency, Region 10 Anchorage Operations Office 222 West 7th Avenue, Suite 19 Room 537 Anchorage, Alaska 99513

EPA will provide an opportunity for public comment on the ESA for 30 days. Assuming no public comments warrant a change to the ESA, EPA would then ask the Regional Judicial Officer to issue a Final Order approving the ESA. Within 10 days of your receipt of the Final Order, you must submit penalty payment in accordance with the instructions in the attached ESA and proof of payment to the Compliance Officer identified above.

We look forward to hearing from you.

Sincerely, Edward J. Kowalski Director Enforcement and Compliance Assurance Division

Enclosures

1. Expedited Settlement Order

2. Expedited Settlement Offer Worksheet Violations Form cc: Ms. Jennifer Wigal Water Quality Division Administrator, Oregon Department of Environmental Quality

Ms. Tiffany Yelton-Bram Water Quality Control Section Manager, Oregon Department of Environmental Quality

Mr. Mike Pinney Environmental Engineer 3, Oregon Department of Environmental Quality