The City of Monticello, Iowa
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA
RESOLUTION #2023-53
Accepting Consent Order from Iowa Department of Natural Resources
WHEREAS, The City of Monticello, Iowa is an incorporated City within Jones County, Iowa, and
WHEREAS, The City of Monticello operates a wastewater treatment facility (“WWTF”) that discharges into the Maquoketa River, and
WHEREAS, The WWTF is operated pursuant to NPDES permit No. 5343001, which was issued on October 1, 2016 and was amended last on July 1, 2020, which permit has been administratively extended based upon the submission of a timely renewal application, with action on the renewal application pending with the Department. This NPDES permit contains effluent limits for numerous parameters, which include the following: Carbonaceous Biochemical Oxygen Demand five day (CBOD5), total suspended solids (TSS), ammonia nitrogen (NH3-N), Total Kjeldahl Nitrogen (TKN) potential hydrogen (pH), copper (CU) and Escherichia Coli (E.coli), and
WHEREAS, The City has multiple commercial and industrial users that contribute to the wastewater stream which are subject to provisions of Treatment Agreements, which in most cases regulate maximum limits of those items (listed above) into the waste stream of the City’s wastewater treatment facility, and
WHEREAS, From time to time, certain commercial or industrial users may have an incident which creates effluent which exceeds those limits of their Treatment Agreement, and
WHEREAS, In such cases, the City takes enforcement action deemed necessary and appropriate, and
WHEREAS, The Iowa Department of Natural Resources has issued a Consent Decree for the purpose of addressing discharges of wastewater in violation of the City’s National Pollution Discharge Elimination System (NPDES) permit from its wastewater treatment facility, which was issued pursuant to the provisions of Iowa Code section 455B.175(1), which authorizes the Director to issue any order necessary to secure compliance with or prevent a violation of Iowa Code Chapter 455B, Division III, Part 1 (wastewater) and the rules adopted or permits issued pursuant to that part; and Iowa Code section 455B.109, and 567 Iowa Administrative Code (IAC) Chapter 10, which authorize the Director to assess administrative penalties, and
WHEREAS, The Iowa Department of Natural Resources infers, through its action, that the City has not taken enforcement actions against certain users which have violated their Treatment Agreements, and
WHEREAS, The Council finds that the Consent Order mis-states several other facts and claims the City has not taken action to enforce Treatment Agreements, which the City asserts is patently untrue, and
WHEREAS, The Council finds that, despite the assertions to the contrary, of which details are outlined in the attached Exhibit A, the best and most expedient resolution to the issue is to enter (reluctantly) into the Consent Order provided by the Iowa Department of Natural Resources, and to pay the included fine of $5,000.00.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Monticello, Iowa does hereby accept the Consent Order of the Iowa Department of Natural Resources, attached as “Exhibit B”, and approves payment of the fine of $5,000.00, as described within the body of this Resolution. The Mayor and Clerk are hereby directed to sign said Consent Order and to see to the payment of the $5,000.00 penalty.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal for the City of Monticello, Iowa to be affixed. Done this 3rd day of April, 2023.
David Goedken, Mayor
Attest:
Sally Hinrichsen, City Clerk/Treasurer