88-1607 < •
�W+IITE - CITV CLERK �
PINK - FINANCE GITY OF SAINT PAUL Council (//��G -
CANARV - DEPARTMENT File NO. uv /�O7
�BLUE -MAVOR
Co ncil Resolution �
� - ��� � �
Presented'By � �
Referred To L%�;�a� �G'"� Committee: Date ��— �" ��
Out of Committee By Date
WHEREAS, the City of St. Paul orms and operates a sewer collection system under the autha�ty of
federal and state statutes and permits reg��ng �sch�ges to a pubiic water body; and
WHEREAS, d�ring the construction of the Phalen Geek Trunk Combined Sewer Se�ation Project
in 1987, th�e resufted a 14 c�y period where untreated sanitary waste water was inadverten�y
�scharged to the Mississippi River; and
WHEREAS, this c�scharge, when �scovered, was imme�ately carected by the city's consultant
representative and contractar on the project, but not imme�ately reported to the Mlinnesota
Pollution Control Agency; and
WHEREAS, the Minnesota Pollution Control Agency alleges that the aty has violated the conditions
of the aty's NPDES Permit No. MN�25470 and State Statutes and Rules in regard to the, a)
con�tions for c�sch�ge, b) bypass notification and, c� changes in c�sch�-ge; and
WHEREAS, the aty and the Agency propose to resolve the alleged vidations by Stipulation
Ageement;
NOW, THEREFORE BE IT RESOLVED, that the Counal of the City of St. Paul hereby approves the
Stipulation Ageement attached hereto and made a part hereof; and
FURTHER RESOLVED, that Donald E. Ny�ard, D�ector of Public Works, is authorized and
�ected to execute on behalf of the C'�ty of St. Paul the STIPULATION AGREEMENT of the
Minnesota Pollution Contrd Ac,�ncy and the FULL AND FINAL RELEASE OF ALL CLAIMS of the
City's Consuttant, Taltz, King, Duvall, Anders�n and Associates; and
BE IT FURTHER RESOLYED, that the penalty set forth in the agreement amounting to�75,000 shall
be paid cwt of the City Sewer Service Fund to be reimbursed by the city's project representative.
YeasOUNCIL MEMBE Na s Requested by Department of: ��
Dimond Y �'�
Lo� � [n Favor
Goswitz
Rettman � �
�he1be� A gai n s t BY
.Sooven
Wilson +�
�J�T � � 1�t1(7 Form Appro ed by Cit tto ey
Adopted by Council: Date
Certified P�s by Council Secret BY , �
By � �l
n, �`,►�00 Appr by Mayor for Su s io to Ceuncil
Approve � Mavor: D te t�
Ptl�.ISNEB C�1� 2 � 1988
, � ����a 7
S
/!���(��""
�./�� �
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY
In The Matter Of: DIVISION OF WATER QUALITY
Collection System STIPULATION AGREEMENT
Bypasses and Overflows
St. Paul , Minnesota
' A. RECITALS
1. Parties. The parties to this Stipulation Agreement
(Agreement) are the Minnesota Pollution Control Agency, hereinafter the
"Agency," and the City of St. Paul , Minnesota, hereinafter the "City".
2. City Operation. The City owns and operates a collection
system located in Ramsey Coanty, Minnesota.
3. Agency Authority. The Agency is a statutory agency of the
• State of Minnesota charged with overall powers and duties to administer
� and enforce all laws , statutes, standards, rules and stipulation
agreements relating to the prevention, control or abatement of water,
air, noise, and land pollution and to the management, collection,
treatment, transportation, storage and disposal of solid and hazardous
waste in the State. This authority is specifically described in
Minnesota Statutes, Chapters 115 and lI6 (1986). This Agreement is
entered into pursuant to the authority vested in the Agency by Minnesota
Statutes, Chapters 115 and 116 (1986) .
4. Rules. The Agency, after legal notice and hearing, has
adopted and has filed in the Office of the Secretary of State, rules
that have the force and effect of law and general application throughout
the State of Minnesota. �
5. Background. During 1987, the City let bids for construction
on the Phalen Creek Trunk Combined Sewer Project which was designed by
the consulting firm of Toltz, King, Duvall , Anderson and Associates
(TKDA) . This project consisted of separating combined sanitary/storm
_2 ����07
and clearwater sewers into two separate collection systems. Due to
complications associated with abandonment of land belonging to a
railroad company, the project was divided into two separate contracts (A
and B) and involved two different construction firms. TKDA was
responsible for the synchroni2ation of the construction work of both
construction firms in order to complete the project as designed.
Contract A consisted of the downstream portion of the project. The
work on contract A proceeded in accordance with the contract comp'retion
schedule but prior to the completion of other upstream combined sewer
separation projects. Due to continuing complications associated with
the abandonment of the property belonging to the railroad company, work
on contract B (upstream portion of the project) was not started as
originally planned and consequently was not completed when the
contractor finished the work on contract A.
On or about May 28, 1987, the contractor on contract A removed a
low flow regulator that was located in the upstream portion of the old
combined sanitary/storm sewer. The low flow regulator was designed to
allow sewage to be bypassed to the storm sewer during high flow events.
The removal of the regulator resulted in the flow of untreated sanitary
wastewater into the newly completed storm sewer. This untreated
sanitary sewage was then discharged to the Mississippi River.
On June 9, 1987, a City sewer maintenance crew discovered that
sanitary sewage was not flowing from the Phalen Creek area to the
treatment facility. After the City's investigation failed to reveal the
reason for no flow, the City contacted TKDA and requested TKDA's
assistance in the investigation. At that time, TKDA realized that the
removal of the low flow regulator under contract A
. -3- �-�-/6 07
had allowed sanitary wastewater to be bypassed into the new storm sewer. �
The City immediately informed TKDA to arrange for the reconstruction of
the low flow regulator. This work was completed on June 11, 1987.
Based on information furnished to the City by the Metropolitan
Waste Control Commission, the volume of the bypass is estimated to be
43,851,430 gallons (i .e. , 3,132,245 gallons per day for 14 days of
untreated sanitary sewage) . Although the bypass was discovered on June
9, 1987, and was corrected by June 11, 1987, the City did not report the
bypass occurrence to the Agency until February 2, 1988, approximately
eight months after the bypass occurred.
6. Alleged Violations. The Agency alleges that the City has
violated the following conditi�n(s) of the City's NPDES Permit No. MN
- 0025470 and the following Minnesota Statute and rules: -
a. Conditions for Discharqe. NPDES Permit Part I ,B.1. ,
prohibits the City from discharging from any combined sewer system
bypass/overflow point except during periods of hydraulic overload caused
by rainfall , snowmelt, or during emergency conditions. Minn. Rules pt.
7050.0210, subps. 1 and 2, prohibit the discharge of any untreated
sewage and prohibit any sewage discharge that may cause excessive
suspended solids or other offensive or harmful effects. On February 2,
1988, the City notified Agency staff that during a period of 14 days
f rom May 28 through June 10, 1987, untreated sanitary wastewater was
bypassed through a storm sewer and into the Mississippi River during the
construction of the Phalen Creek Trunk Combined Sewer Project. The
discharge volume was estimated to be 43,851,430 gallons of untreated
sanitary sewage. The Agency alleges that the City failed to discharge
in accordance with the conditions of the City's NPDES permit and in
violation of the cited rule.
, -a- ��/(�a7
b. Bypass Ivotification. NPDES Permit Part I ,C.2.b. , reGuires the �
City to report immediately to the Agency all unauthorized discharges.
Minn. Stat. §115.061 requires that every person notify the Agency
immediately of a discharge, accidental or otherwise, of any substance or
material under that person's control which, if not recovered, may cause
pollution of the waters of the state. The City did not report the
bypass that occurred in D1ay/June 1987 until February 2, 1988,
approximately eight months after the bypass occurred. The Agency
alleges that the City failed to properly notify the Agency of the
unauthorized discharges in accordance with the conditions of the City's
NPDES permit and the cited statute.
c. Chanyes in Discharge, NPDES Permit Part II , 6.2.c. states that
. no system modifications or significant changes in system operation _.
including regulator adjustments are permitted that will cause an
increase in volume or duration of normal overflow events. The City, by
and through its contractor, removed a low flow regulator that causec+
untreated sanitary sewage to be diverted directly to the Mississippi
River in violation of the conditions of the City's NPDES permit.
B. AGREEMENT
NOW, THEREFORE, the Agency and the City hereby agree and stipulate
as follows:
1. Purpose of Agreement. The purpose of this Agreement is to
resolve the violations alleged in Paragraph A.6. This Agreement
requires the City to pay a penalty as set forth below.
. -5- ��-�`o�
2. City Requirements. Within sixty (60) days from the effective
date of this Agreement, the City shall pay to the Minnesota Pollution
Control Agency the sum of seventy-five thousand dollars ($75,000) as a
civil penalty for the alleged past noncompliance with NPDES Permit
conditions, rules and statute cited in Paragraph A.6. of this Agreement.
3. A9ency. In consideration of the performance of the terms,
covenants and agreements contained herein, the Agency agrees that the
City's payment of the civil penalty in Paragraph 6.2. shall stand in
lieu of any administrative, legal and equitable remedies available to
the Agency regarding the alleged violations of NPDES Permit conditions,
rules and statute described in Paragraph A.6. of this Agreement except
that nothing in this Agreement shall preclude the Agency from exercising
' any administrative, legal or equitable remedies available to it to -
require additional efforts by the City in the event that any further
response is necessary to eliminate or abate future violations of the .
NPDES permit conditions, rules and statute identified in Paragraph A.6.
of this Agreement.
4. General Conditions.
a. Remedies of the Parties. The terms of this Agreement _
shall be legally enforceable by either party in a court of competent
jurisdiction and each of the parties retains the right to assert any
legal , equitable, or administrative right of action or defense which may
be available by law in order to implement or enforce the terms of this
Agreement.
b. Liability and Obligation. Except as specifically set
forth in paragraph B.3. of this Agreement, this Agreement shall not
release the City from any liability or obligation imposed by Minnesota
statutes, rules or local ordinances now in effect or which may be
adopted in the future.
� -6- ���-���7
c. Agency Monitoring. The City shall allow the Agency or any �
authorized member, employee or agent thereof, upon presentation of
credentials, access at reasonable times to the City's property and
facilities to obtain such information and documentation as authorized by
Minn. Statutes 115.04 and 116.091 (1986) which is relevant to making a
determination that the City is in compliance with the terms of this
Agreement.
d. Emergency Powers. Nothing in this Agreement shall prevent
the Agency from exercising its emergency powers pursuant to Minnesota
Statutes 116.11 (1986) in the event conditions warranting such action
shall arise.
e. Successors. This Agreement shall be binding upon the
- City, its successors and assigns, and upon the Agency, its successors -
and assigns.
f. Continuing City Obligation. Should the City sell or otherwise
convey or assign any of its right, title or interest in the facilities
described in Paragraph A.2. , such sale or other conveyance shall not
release the City from any obligation imposed by this Agreement, unless
the party to whom the right, title or interest has been transferred or
assigned agrees in writing to fulfill the obligations of this Agreement
and permits, and the Agency approves such transfer or assignment.
g. Amendments. This Agreement may be amended at any time by
written agreement of the parties.
h. Extension of Time. The Agency shall grant extensions of time
schedules stated herein in the event the City demonstrates good cause to
the Agency for granting such extensions. Such extensions shall be
commensurate with the delays involved.
. . �������
-;-
i . EffeCi,�ve Date. This f;5reement shall be e�fective upon the
date it is sir,r�ed by the Agency Conmissioner and the Chairperson of the
Agency Boord.
j. Terrrination. This Agreement shall terrrinate when the Agency
Comnislsior�er has �determined that the requirements of Paragraph 6.2, of
this Agreement have bee�p satisfactorly completFd and so notifies the
City.
� .
CITY OF S?. PAUL, NIN�ESOTA h1IN�'ESCTA POLLU�ION -
COP�TROL AG�NCY
. y
Y B
Donald �ygaard t:eith H. Langmo
Publ i c ti'orks Di rector Cha i r�rran
- By By -_
A1 Olson, City Clerk Gerald L. t�il ;et
� � Com�is::�ner
Dated this _ day of Dated tr�is _ day of �
, 198_ , 1 oE;
.
.L i��� ��C�a Y' C!�cES.�nCrJFPO=�'=_D
ccr_.
�1G�NEERS .,FCeiITECTS F�ANNE°S 25J�:.�'-��C��.h-'iOt.At e���E.._D�hG
$ain7 cqJ�.A�!r:r,E50'�5'�O�.tE53
6;� i�:-4:Y'
FAa E12 i5i-OJE3
July 22, 1988
Mr. Roy E. Bredahl, Jr.
P:�nager, Sewer Dirision
City of St. Paul
600 City Y.all !?nnex �
St. Psul, N.innesota 551�2 '
Re: P'.P�A Stipulation Ag�eenent •
Dear Mr. Bredahl: � . , • � . � •
; -
. ;.. .
Please refer to your letter to 2:r. Kir�: dsted July 13� 1988, and our
meeting with Mr. Koening on July 20, 19�8 regarding thE above reference.
It �:as sgreed during our meeting thst oLr firm w::ll reimburse the City of _
St. Paul $75,000 to covel- the pen�lt}' stij�•sls�ed by the P`�PCA for collection
sys�em o�erflows snd b}'pnsses �:hich occurz�d dur��ig the construction of the
Phslen Creek Trunk Co�*biried Se�:er Project.
This settler:�ent offer is m�de �:i�hout sc.�ission c�i any specific _
respor.sibility by our firr,: or �n; emplo}°ee `herec�f for the cause of the
dischsrge and/or stipulated violstiorts ef tl:� exi.sting I:PDES permit or �ny
other alle�ed violstions of la� . .
The o=fer is msde only so that �he r,.a��er esn be resolred w*ithout further
e�:re-�diture of time and money a_id to e1�LT:11ai.E: �r2 a��TuVnt10i1S U2tWEE71 our
. fir;� �nd j our staff uhich t�-pically resul� frc�:n such negotiations. This
comes from the very ambiguous circur.st�ncas irroolved in determining the
bas�s for the penalty amount sr.d hcw that amoL��t relates to the respective
responsibilities for the actual discharge and �?7e subsequent dela}s tha�
occurred in reporting such to t::r rgenc�*.
Pati--.ent of the abore a:-ou:� �o t:-.e City uill be made upon execution of an
aFrrogriste rele�se HE�,,T'Ec:.-:c:'?� _�c .-ncE:! t�'lE Cli�% cI1C� G'1T firm.
If '�OLl }lct'E? a:l�' CiliESi._O:!5 O: �::c c✓O':2� �'_EcSE Ccll n1E d1TECL1�7 fit
2�2-=i�0/ .
�'er_? truly ,•ours,
_ �
�„ -�1---
�u��e l . P:'EW, P.E. �
?r�side��t
�T?:�r
• cc: M: . Jce }:oe;:in�
, ;
' � FULL AND FINAL RELEASE OF ALL CLAIMS �� /�O�
WHEREAS, the City of St. Paul, Minnesota, hereinafter "City", entered into an agreement with Toltr,
King, Duvall, Anderson & Associates, hereinafter "TKDA", for design of the sanitary/storm and
clear-water sewer system and for coordination of the construction work on the Phalen Creek Sanitary
Trunk Project, hereinafter "Project"; and
WHEREAS, a contractor on the Project removed a low-flow regulator in the existing sanitary/storm
sewer system as required by contract which inadvertently permitted untreated sanitary sewage to be
discharged into the Mississippi River;and
WHEREAS, the Minnesota Pollution Control Agency, hereinafter, was not immediately notified of the
discharge, contrary to state law; and
WHEREAS, as a result of the discharge and the failure to notify the Agency immediately, the Agency
assessed the City a civil penalty; and
WHEREAS, the parties hereto now desire to compromise and settle potential claims relating to the
assessment by the City of said civil penalty;
NOW, THEREFORE, in consideration of the payment by TKDA to the City of Seventy-five Thousand
Dollars, the receipt and sufficiency of which is hereby acknowledged, the City hereby releases and
forever discharges TKDA, its officers, employees, sub-contractors, agents, successors and assigns,
from any and all liability, actions, causes of action, claims and demands, whether known or unknown,
upon, by reason of or arising aut of the facts giving rise to the Agency's assessment of said civil penalty -
against the City.
It is further agreed and understood that said payment is not to be construed as an admission of liability
by TKDA and is in compromise of a doubtful and disputed claim raised by the City.
It is further agreed and understood that this release and the payment made pursuant hereto is not to be
construed as a waiver by or an estoppel of any parties hereby released to prosecute a claim or cause of
action against any other person, firm, corporation or entity for recovery of any amounts paid hereunder
or for damages resulting from the facts giving rise to this release.
This release contains the entire agreement between the parties hereto and the terms of this release are
contractual and not mere recitals.
THE CITY OF ST. PAUL, MINNESOTA
By � '
Donald E. Nygaard
Director of Public Works
By
AI Olson
City Clerk
Dated this day of , 1988
����b�'�
�,� � , , �„�,w„„� �,�� GREEN �1�EET No. 0 03.0 3 5
,1 °.
f �
OONTACt � oevaanAEnr dr�ECroa ,�w►roa(on�asra�t}
Roy E, Bredahl „�N —
Hur��n � �a � (� «r.c�
� ROtI11NC, eer6i""����.�croaww�r�' � C i t�( Ct�uFtc i 1
Publ ie 'works 292�6138 ' oRO�e: �„��
App'rove 5t�pul$tion Agreement from Minnesota Pollution Control Agency assessing the
penalty of $�S,OOO to the City for the Permit violation whiCh occurred on or about
May 28, 19$7 to June 11 , 1987. This was i�ediately corrected but not i�nediately
reported to the Minaesota Pollution Control Agency.
�roNS:(�av�uw(�o.�1�) couMC+�nES�+nao�rr: _
.. .. . . . . �� � DATE.M .. .. . DATE OUT�� . .. ANIU.V5T RI01#E N0. . .
PLA11iM10 CGMMYBSIOM . GVIL 9ERVICE COMMISSION� , . . . _ � .
� ZC7�OOM�8810N . . .I80 BZ6 BCFIOOI YOAHO . . � .. . . . - � .
. . . � . . . . � . � :
� � � gTAFF . � pNp7'Eq.�q�YA,pgg�pN� ' . COMPLETE AS IS�� ADDL INP0./1DOL-0* � .I�TD TE100NTA�T OONBTRIIEN► - .
. . . . . � � . � . . . _ � .. . . _FOR ADDL NVF.O.. _�B11GC ADO��' � �
_
�� .�,,,,o�: �'�.�E/VEp
�,�,�� - _
.
. RECEIYED S EP �Z 19�
F;�„ , �y ,y
� SEP 2� 1988
Y ; _ ; ,� ���RNEY
..�u►,Ma�no.�er.+�uE.oP►omu�rrr�,wn�.wn�,w►�..w►�,�: MAYQR'S . _
, . City inadvertantly dlschacged untreated sanitary waste water in the Mississippi River
#o� a period of 14 deys but did not immediately report it ta the Minnesota,;Pollution
�ontrol: Ag�ncy. : .. � : - , , „ . : �,;
.ws�►,�ar t�.�re�;�av.�eee,�ru): _ . . _ . -
Stipulatian Agreement as attached. City to be reimbursed by City's Pro,ject Representativ�,
Tolt�e, Ki�g, Duvali , Anderso� � Associates, - �
. -.ca�a�es twa.t wne�.�ro wnwr�y. . . . .
The 'Stipeilation Agreement will resoive the alleged violations of �the NP�ES' Pen�it.
� �.�u►�nres: : � n�+os . ooas, ..
. Coun t� ;�esearc�z Center,
.. : ��i� 231�88
«�.�►�:
��.�: