HomeMy WebLinkAbout2020 LawsuitsE -FILED 2020 SEP 17 11:00 AM JOHNSON - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY
MICHELLE M. IRIAS,
Plaintiff,
VS.
THE CITY OF IOWA CITY,
Defendant.
TO THE ABOVE-NAMED DEFENDANT:
No.
ORIGINAL NOTICE
You are notified that a petition has been filed in the office
of the clerk of this court naming you as the defendant in this
action. A copy of the petition (and any documents filed with it)
is attached to this notice. The attorneys for the plaintiff are
Steven E. Ballard and Emma C. Henry of Leff Law Firm, L.L.P., whose
address is 222 South Linn Street, Iowa City, Iowa, 52240-1601.
The attorneys' phone number is 319-338-7551; facsimile number 319-
338-6902; emails are ballard@lefflaw.com and henry@lefflaw.com.
You are further notified that the above case has been filed
in a county that utilizes electronic filing. You must serve a
motion or answer within 20 days after service of this original
notice upon you and, within a reasonable time thereafter, file
your motion or answer with the Cderk of Court for Johnson County,
at the county courthouse in Iowa City, Iowa. If you do not,
judgment by default may be rendered against you for the relief
demanded in the petition. Please see Iowa Court Rules Chapter 16
for information on electronic filing and Iowa Court Rules Chapter
16, division VI regarding the protection of personal information
in court filings.
If you need assistance to participate in court because of a
disability, call the disability coordinator at (319) 398-3920
(1105). Persons who are hearing or speech impaired may call Relay
Iowa TTY at 1-800-735-2942. Disability coordinators cannot
provide legal advice.
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E -FILED 2020 SEP 17 2:23 PM JOHNSON - CLERK OF DISTRICT COURT
STATE OF IOWA JUDICIARY case No LACV082023
County Johnson
157"MMMANSICKWIT01111": "N
THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING.
Therefore, unless the attached Petition and Original Notice contains a hearing date for your appearance, or unless you obtain an
exemption from the court, you must file your Appearance and Answer electronically.
You must register through the Iowa Judicial Branch webshe at htto://www.iowacourts.state.ia.us/Efile and obtain a log in and
password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court.
FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING, REFER TO THE IOWA COURT RULES CHAPTER
16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM:
http://www.iowawurts.state.ja.us/Efile
FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS, REFER TO DIVISION VI OF IOWA
COURT RULES CHAPTER 16: htWp /Aw .iowawurts.stale.ia.us/Efile
Scheduled Heanng:
If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district
ADA coordinator at (319) 398-3920 . (If you are hearing impaired, call Relay Iowa TTY at 1-800.736.2942.)
Dafelwued 09/17/2020 02:23:08 PM
District Clerk of Johnson County
/s/ Maria Montes de Oca
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E -FILED 2020 SEP 17 11:00 AM JOHNSON - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY
MICHELLE M. IRIAS,
Plaintiff,
VS.
THE CITY OF IOWA CITY,
Defendant.
Casa No.
PETITION AT LAW
AND JURY DEMAND
CONES NOW Plaintiff, Michelle M. Irias, by and through
counsel, Steven E. Ballard and Emma C. Henry of Leff Law Firm,
L.L.P.; 222 South Linn Street, Iowa City, Iowa, 52240-1601;
Telephone: 319/338-7551; Facsimile: (319) 338-6902; emails:
ballard@lefflaw.com, henry@lefflaw. com; and for her cause of
action against Defendant, the City of Iowa City, state as follows:
1. Plaintiff, Michelle M. Irias ("Michelle"), is and at all
times material hereto was a resident of Johnson County, Iowa.
2. Defendant, the City of Iowa City ("City"), is a municipal
corporation organized and existing under the laws of the State of
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Iowa located in Johnson County, Iowa.
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3. The City owns the Iowa City Municipal AJArt�("tkte
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Airport"), located at 1801 S. Riverside Drive, Iowa C-L�-*, Z&wa4"i,
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E -FILED 2020 SEP 17 11:00 AM JOHNSON - CLERK OF DISTRICT COURT
JURISDICTION
4. This court has jurisdiction over the parties to, and
subject matter of, this action.
5. Venue is appropriate in Johnson County because the City
is located in Johnson County and because the acts giving rise to
Michelle's personal injury claims occurred in Johnson County,
Iowa.
FACTUAL ALLEGATIONS COMMON TO ALL COUNTS
6. On or about June 22, 2019, Michelle and her children were
attended the City's 40th birthday celebration for University of
Iowa Hospitals and Clinics' ("UIHC") AirCare transport service at
the Airport.
7. Michelle parked in the designated "parking area" for the
event at the Airport, which was a long strip of grass where about
40 cars were parked.
8. After attending the event, as Michelle and her children
were walking back toward the parking area from the event, Michelle
stepped onto and suddenly fell into a manhole in the middle of the
grassy area in the makeshift "parking area."
9. The cover of the manhole was in such a position th4� the
hole looked completely covered, but it was not. c->-` —
10. Michelle sustained severe and permanent in)riieEgas a'Mr
result of falling into the partially covered manhole. (A
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E
E -FILED 2020 SEP 17 11:00 AM JOHNSON - CLERK OF DISTRICT COURT
COUNT I- NEGLIGENCE
For her cause of action against the City premised upon
negligence, Michele states as follows:
11. Michelle repleads and realleges each and every
allegation set forth in paragraphs one through 10 of this petition
with the same force and effect as if set forth verbatim here.
12. At the time and place Michelle fell, the City had a duty
to maintain the Airport property in a reasonably safe condition
and to take reasonable care to protect and/or warn visitors against
hazards.
13. At the time and place Michelle fell, the City knew or
should have known of the unsafe condition of the Airport property
that involved an unreasonable risk of injury to the public visiting
the Airport.
14. The City breached its duty and was negligent on June
22, 2019, in one or more of the following ways:
a. Failing to maintain the Airport property in a safe
and reasonable condition;
b. Failing to warn of the dangerous condition that
involved an unreasonable risk of injury to the public
visitors then and there existing, which was created
by and/or otherwise known to the City and/&W' its
agents and contractors; and
c. Otherwise failing to exercise due care2vnd(lZ the
circumstances then existing.
3
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E -FILED 2020 SEP 17 11:00 AM JOHNSON - CLERK OF DISTRICT COURT
15. The negligence of the City was a cause of injuries and
damages to Michelle.
16. As a result of the City's negligence, Michelle sustained
personal injuries, including severe and permanent injuries to her
person, resulting in damages, including, without limitation, the
following:
a. Past and future medical expenses;
b. Past and future physical and mental pain and
suffering;
c. Past and future loss of full mind and body; and
d. Lost wages and earnings.
17. Michelle's damages exceed the jurisdictional minimum of
this court.
WHEREFORE, Plaintiff, Michelle M. Irias, respectfully prays
that the court enter judgment in her favor and against Defendant,
the City of Iowa City, in an amount reasonably calculated by the
trier of fact to compensate her fully and adequately for her
damages; interest on all damages as provided by law; the costs of
this action; interest on the judgment as provided by law; and for
such other and further relief as the court deems just and equitable
in the premises.
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E -FILED 2020 SEP 17 11:00 AM JOHNSON - CLERK OF DISTRICT COURT
COUNT II - NEGLIGENCE RES IPSA LOQUITUR
For her cause of action against the City premised upon
negligence - Res Ipsa Loquitur, Michelle states as follows:
18. Michelle repleads and realleges each and every
allegation set forth in paragraphs one through 17 of this petition
with the same force and effect as if set forth verbatim here.
19. At the time and place Michelle fell, the City had the
duty to maintain the Airport property in a reasonably safe
condition.
20. The injuries and damages suffered by Michelle are the
types of injuries that in the regular course of events would not
have been sustained if the City had exercised reasonable care.
21. As a result of the City's negligence, Michelle sustained
personal injuries, including severe and permanent injuries to her
person, resulting in damages, including, without limitation, the
following:
a. Past and future medical expenses;
b. Past and future physical and mental pain and
suffering;
c. Past and future loss of full mind and body; and
a
d. Lost earnings.
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22. Michelle's damages exceed the jurisdictional -'m nifi m oB
this court. <r- o
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E -FILED 2020 SEP 17 11:00 AM JOHNSON - CLERK OF DISTRICT COURT
WHEREFORE, Plaintiff, Michelle M. Irias, respectfully prays
that the court enter judgment in her favor and against Defendant,
the City of Iowa City, in an amount reasonably calculated by the
trier of fact to compensate them fully and adequately for their
damages; interest on all damages as provided by law; the costs of
this action; interest on the judgment as provided by law; and for
such other and further relief as the court deems just and equitable
in the premises.
DEMAND FOR JURY TRIAL
COMES NOW Plaintiff, Michelle M. Irias, and pursuant to Iowa
R.Civ.P. 1.902 (2020), hereby demands trial by jury of all issues
herein.
/s/ Steven E. Ballard
Steven E. Ballard, AT0000651
/s/ Emma C. Henry
Emma C. Henry, AT0014175
LEFF LAW FIRM, L.L.P.
222 South Linn Street
Iowa City, Iowa 52240-1601
Telephone: (319) 338-7551
Facsimile: (319) 338-6902
email: ballard@lefflaw.com
henry@lefflaw.com
ATTORNEYS FOR PLAINTIFF
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END
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CASE
FILE
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
FILED 11
JAI
REGION 7
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11201 Renner Boulevard
JAN7 2M
Lenexa, Kansas 66219
'Ro
JAN 2 2 2020
City Clerk
Iowa City, Iowa
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Article No.: 7014 1200 0000 6122 6842
The Honorable Jim Throgmorton
Mayor of Iowa City
401 East Washington St.
Iowa City, Iowa 52240
Re: City of Iowa City, Invitation to Participate in Negotiations
Administrative Order for Compliance on Consent
Dear Mayor Throgmorton:
The U.S. Environmental Protection Agency conducted an inspection of the Iowa City sewage treatment
plant on April 1-4, 2019, to determine compliance with the publicly owned treatment work's National
Pollutant Discharge Elimination System permit No. IA0070866 and the requirements of the Clean Water
Act, 33 U.S.C. § 1251 et seq. The inspection revealed violations of the CWA, including numerous
effluent limit violations for zinc. The EPA also conducted a pretreatment audit at the City on November
5, 2019, to determine compliance with the CWA pretreatment program. The audit revealed that the City
must recalculate its local limits in order to meet the general prohibitions against interference and pass
through listed in 40 CFR 403.5(a) and the specific prohibitions listed in 40 CFR 403.5(b), and to prevent
zinc exceedances.
The EPA believes that actions are necessary to address the CWA compliance issues identified above.
Enclosed with this letter is a proposed Administrative Order for Compliance on Consent that outlines
specific steps and a schedule to accomplish these actions. By this letter and through the proposed Order,
the EPA invites you to discuss how Iowa City's publicly owned treatment works will come into
compliance with the CWA.
60 -Day Negotiations
While the EPA believes it is appropriate to proceed with a formal compliance agreement, we recognize
that resolution of this matter may be best accomplished by conducting negotiations with the City. As
part of these negotiations, the EPA will consider any additional information you may have that is
relevant to the violations and the actions necessary to address the identified violations. If you are
interested in participating in negotiations, please contact Shane McCoin, the attorney assigned to this
matter, within ten (10) calendar days of your receipt of this letter at (913) 551-7955 or
mccoin.shane@epa.gov.
If you choose not to contact the EPA or if agreement is not reached within the 60 -day time period, the
EPA will evaluate other enforcement options to address the identified violations.
CC; GA
Kln oc ) Printed on Recycled Paper
CMD (t Yu i Y-), fv/ orN roe )
Any written materials you wish to present to the EPA should be sent to Lantz Tipton, the compliance
officer assigned to this matter, at the following address:
Lantz Tipton
Enforcement and Compliance Assurance Division, Water Branch
U.S. Environmental Protection Agency Region 7
11201 Renner Boulevard
Lenexa, Kansas 66219.
If you have any questions, please contact Shane McCoin at (913) 551-7955 or mccoin.shane@epa.gov,
or Lantz Tipton at (913) 551-7892 or tipton.lantz@epa.gov. Thank you for your prompt attention to this
matter.
Enclosure
cc: Deborah Quade, IDNR
Ben Hucka, IDNR
Singly, n
David Cozad
Director
Enforcement and Compliance Assurance Division
1
JAN 2 71020
City Clerk
Iowa City, Iowa
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FILA
REGION 7 JAN 27 ZW
11201 RENNER BOULEVARD
LENEXA, KANSAS 66219 City Clerk
Iowa City, Iowa
BEFORE THE ADMINISTRATOR
IN THE MATTER OF
Docket No. CWA-07-2020-0103
Iowa City, Iowa )
FINDINGS OF VIOLATION AND
Respondent ) ORDER FOR COMPLIANCE ON
CONSENT
Proceedings under Section 309(a)(3) of the )
Clean Water Act, 33 U.S.C. § 1319(a)(3) )
Preliminary Statement
1. The following Findings of Violation and Administrative Order for Compliance on
Consent ("Order on Consent") are made and issued pursuant to Section 309(a)(3) of the Clean
Water Act ("CWA"), 33 U.S.C. § 1319(a)(3). This Authority has been delegated by the
Administrator of the U.S. Environmental Protection Agency ("EPA") to the Regional
Administrator, EPA, Region 7 and further delegated to the Director of Region 7's Enforcement
and Compliance Assurance Division.
2. Respondent is the city of Iowa City, Iowa ("Respondent" or "the City") and was at all
relevant times a municipality organized under the laws of the state of Iowa
3. EPA, together with the Respondent enter into this Section 309(a)(3) Order for the
purpose of carrying out the goals of the CWA, 33 U.S.C. § 1251 et seq., to "restore and maintain
the chemical, physical, and biological integrity of the Nation's waters."
4. It is the Parties' intent through entering into this Order to address Respondent's alleged
noncompliance with the CWA and violation of its National Pollutant Discharge Elimination
System ("NPDES") permit. As set forth in this Order on Consent, the Parties have amicably
reached agreement regarding the timeframes for Respondent to attain compliance with the CWA
and its NPDES permit.
5. By entering into this Order on Consent, Respondent (1) consents to and agrees not to
contest the EPA's authority or jurisdiction to issue and enforce this Section 309(a) Order on
Consent, (2) agrees to undertake all actions required by the terms and conditions of this Order on
Consent, and (3) consents to be bound by the requirements set forth herein. Respondent neither
admits nor denies the specific factual allegations or Findings of Violation in this Order on
Consent, except that Respondent admits the jurisdictional allegations herein. Respondent also
in the Mauer of lowa City. Iowa
orderfor Compliarue on Consent
CWA-07-2020-0103
Page 1 of 12
waives any and all remedies, claims for relief and otherwise available rights to judicial
administrative review that Respondent may have with respect to any issue of fact or law set forth
in this Order on Consent, including any right of judicial review under Chapter 7 of the JAN "17 U20
Administrative Procedure Act, 5 U.S.C. §§ 701-706. City Clerk
Statutory and Regulatory Framework Iowa City, Iowa
6. Section 301(a) of the CWA, 33 U.S.C. § 1311(a), prohibits the discharge of pollutants,
except in compliance with, inter alia, Sections 307 and 402 of the CWA, 33 U.S.C. §§ 1317 and
1342. Section 402 of the CWA, 33 U.S.C. § 1342 provides that pollutants may be discharged in
accordance with the terms of an NPDES permit issued pursuant to that Section. Section 307 of
the CWA, 33 U.S.C. § 1317 of the CWA, provides for the promulgation of regulations
establishing pretreatment standards.
7. The CWA prohibits the discharge of "pollutants" from a "point source" into a
"navigable water" of the United States, as these terms are defined by Section 502 of the CWA,
33 U.S.C. § 1362.
8. Section 502(7) of the CWA, 33 U.S.C. § 1362(7), defines "navigable waters" as the
"waters of the United States," which in turn has been defined to include, inter alia, all waters
which are currently used, were used in the past, or may be susceptible to use in interstate or
foreign commerce, and tributaries to such waters. 40 C.F.R. § 122.2.
9. To implement Section 402 of the CWA, the EPA promulgated regulations codified at
40 C.F.R. Part 122. Under 40 C.F.R. Part 122.1, an NPDES permit is required for the discharge
of pollutants from any point source into waters of the United States.
10. As defined by 40 C.F.R. § 403.3(q), a Publicly Owned Treatment Works ("POTW
includes, but is not limited to, devices and systems for storage and treatment of municipal
sewage and sewers, pipes and other conveyances of wastewater.
11. To implement Section 307 of the CWA, the EPA promulgated regulations codified at
40 C.F.R. Part 403. Under 40 C.F.R. §§ 403.5(c) and 403.8(f)(4), a POTW that is required to
develop a pretreatment program must develop and enforce specific limits, known as "local
limits," to implement the general and specific prohibitions in 40 C.F.R. § 403.5(a) and (b).
Under 40 C.F.R. § 403.5(c), each POTW with an approved pretreatment program shall continue
to develop these limits as necessary and effectively enforce such limits.
12. The Iowa Department of Natural Resources ("IDNR") is the state agency in Iowa
with the authority to administer the federal NPDES and Pretreatment Programs, pursuant to
Sections 402 and 307 of the CWA, 33 U.S.C. § 1342 and 1317, respectively, and applicable
implementing regulations. IDNR is the Approval Authority for the Pretreatment Program in
Iowa. EPA retains concurrent enforcement authority with authorized state programs for
violations of the CWA.
In the Matter ofIowa City, Iowa
Orderfor Compliance on Conknt --
CWA-07-2020-0/03
age 3 of 12
EPA's General Allegations JAN ? ? 2010
13. Respondent is a "person," as defined by Section 502(5) of the CWA, 33 U.S.Qbwa City, Iowa
§ 1362(5).
14. Respondent is the owner and/or operator of a POTW in Iowa City, Iowa, that includes
a sewage collection system, which receives wastewater from various domestic and non-domestic
sources, and a sewage treatment plant ("STP"), consisting of an activated sludge wastewater
treatment plant equipped with two bar screens, two vortex grit units for grit removal, a flow
equalization basin (17.6 million gallons), five primary clarifiers, four ten -cell activated sludge
trains, two bio -augmentation re -aeration reactors ("BAR"), 25 million gallon per day ("MGD")
mixed liquor pumping station, six secondary clarifiers, sludge dewatering with 484,000 -gallon
high strength tank, six digesters (two thermophilic tanks and four mesophilic tanks), covered
sludge storage, and a ultraviolet ("UV") disinfection system.
15. The STP discharges through an outfall ("Outfall 001") to the Iowa River. The Iowa
River is a "water of the United States" and, therefore, "navigable water" pursuant to Section
502(7) of the CWA, 33 U.S.C. § 1362(7).
16. The STP is also equipped with three additional outfalls, Outfall 002, Outfall 003, and
Outfall 004. Outfall 002 is a bypass outfall from the equalization basin overflow, that can
discharge to the Iowa River. Outfall 003 consists of the discharge of treated irrigation water to
Kickers Soccer Field and Outfall 004 consists of the discharge of treated irrigation water to
Napoleon Park Ball Fields and Terry Trueblood Recreation Area turf irrigation.
17. The Iowa River is impaired by E. coli and bacteria A Total Maximum Daily Load
("TMDL") has not been recorded for this waterbody.
18. The STP is a "point source" that "discharges pollutants" to "navigable waters" of the
United States, as these terms are defined by Section 502(14), (12) and (7) of the CWA, 33 U.S.C.
§ 1362(14), (12) and (7), respectively.
19. On May 1, 2014, the IDNR issued NPDES permit number IA0070866 to the City
pursuant to Section 402 of the CWA, 33 U.S.C. § 1342 ("NPDES Permit"), effective until April
30, 2019. On December 2, 2015, the NPDES Permit was amended to remove the zinc schedule
of compliance to require effective permit limits for the parameter of zinc and to add Outfalls 003
and 004 to the permit. On June 1, 2017, the NPDES Permit was amended again to remove the
Nutrient Reduction Requirements page and to add annual average mass limits for total nitrogen
and total phosphorus. The NPDES Permit authorizes discharges from the associated outfalls of
the STP to the Iowa River subject to conditions and limitations set forth in the NPDES Permit.
A timely renewal application was received by the IDNR on November 1, 2018. Pursuant to
Standard Condition 11, the NPDES Permit remains in effect until IDNR makes a final
determination on the permit application.
20. Respondent's NPDES Permit contains: Effluent Limitations; Monitoring and
Reporting Requirements; Special Monitoring Requirements; Land Application of Wastewater
In the Matter of Iowa City, Iowa
orderfor Compliance on Conant
cw of
Special Conditions; Additional Operating, Monitoring, and Reporting Requirements; SewaAl 2 7 2020
Sludge Handling and Disposal Requirements; Significant Industrial User Limitations; and
Standard Conditions. City Clerk
Iowa City, Iowa
21. Respondent's Pretreatment Program was approved by the IDNR pursuant to the
authority of Sections 307 and 402 of the CWA, 33 U.S.C. § 1317 and 1342, on or about
February 29, 1984.
22. On January 14, 2019, IDNR staff conducted an inspection of the POTW. The IDNR
inspection report cited instances of non-compliance which included exceedance of NPDES
Permit effluent limits for the parameter of zinc. IDNR issued a Notice of Violation to
Respondent on April 16, 2019 for the failure to comply with the zinc effluent limits listed in the
NPDES Permit.
23. On April 1-4, 2019, EPA performed a Compliance Sampling Inspection of the City's
STP ("Inspection") under the authority of Section 308(a) of the CWA, 33 U.S.C. § 1318(a).
24. During the Inspection, the EPA inspector reviewed and collected copies of records
relating to the Permit, observed the City's POTW, including the collection system, STP, and
discharge location, and collected influent and effluent samples.
25. A copy of the Inspection Report was sent to the City on or about June 26, 2019.
26. On or about September 19, 2019, the EPA issued a request for information to the City
pursuant to the authority of Section 308(a) of the CWA, U.S.C. § 1318(a), requiring submittal of
information, among other things, regarding the operation of the POTW, communications
between the City and industrial users, and plans to address compliance with the POTW's NPDES
Permit.
27. The City submitted an initial response to the information request by letter and
Statement of Certification dated October 17, 2019 ("City's Information Request Response"),
which was received by the EPA on or about October 28, 2019. The City provided information
including, but not limited to, DMRs from April 2014 through September 2019, projects, plans,
procedures, and studies related to operation and maintenance of the STP and collection system,
records of repairs and capital improvements of the STP, and information regarding wastes
received from industrial users. The City continued to provide information in response to the
information request, including a second response that was received by the EPA on or about
November 22, 2019 and a third response that was received by the EPA on or about December 9,
2019.
28. On November 5, 2019, EPA performed a Pretreatment Audit ("Pretreatment Audit")
of the City's approved Pretreatment Program under the authority of Section 308(a) of the CWA,
33 U.S.C. § 1318(a).
29. A copy of the Audit report was sent to the IDNR and the City on or around
December 27, 2020.
in the Mauer ofIowa City, Iowa
Order for ComPhance on Consent
CWA-07-2010-0103
Page 5 of 12
= s�
EPA's Findines -
Count 1 JAN 2 7 2020
Failure to Comply with Effluent Limitations City Clerk
Iowa City, Iowa
30. The facts stated above are re -alleged and incorporated herein by reference.
31. Respondent's NPDES Permit states that the POTW is prohibited from discharging
pollutants except in compliance with the effluent limitations established in the NPDES Permit.
The NPDES Permit establishes effluent limits with monitoring and reporting requirements for
the POTW's Outfall 001, including daily maximum and monthly average limits for zinc.
32. The Effluent Limitations section of Respondent's NPDES Permit requires that the
Monthly Average and the Daily Maximum level of zinc in the POTW's effluent shall be less
than 0.2563 milligrams per liter (mg/L).
33. Based on observations and sampling documented during the Inspection and EPA's
review of information provided by the City, effluent monitoring data for the STP, and other
relevant information, EPA finds that on at least 74 days from June 2016 to October 2019, the
City violated the daily maximum effluent limitation for zinc and violated the monthly average
effluent limitation for zinc in February 2019 for Outfall 001 set forth in its NPDES Permit.
34. Each failure to comply with effluent limitations is a violation of the terms and
conditions of Respondent's NPDES permit and, as such, is a violation of Sections 301(a) and
402 of the CWA, 33 U.S.C. §§ 131l(a), 1342(p).
Count
Failure to Continue to Develop Local Limits
35. The facts stated above are re -alleged and incorporated herein by reference.
36. Pursuant to 40 C.F.R. § 403.5(c) and the Significant Industrial User Limitations,
Monitoring, and Reporting Requirements section of Respondent's NPDES Permit, the City must
develop, enforce, and evaluate the adequacy of local limits to meet the general prohibitions
against interference and pass through listed in 40 C.F.R. § 403.5(a) and the specific prohibitions
listed in 40 C.F.R. § 403.5(b). In addition, 40 C.F.R. § 403.5(c) specifically requires the City to
continue to develop these limits as necessary.
37. Based on discussions and documentation collected during EPA's Pretreatment Audit,
the local limits calculated by the City in 2015 and approved by IDNR in September 2016,
specifically for zinc, were calculated using an estimated treatment plant removal efficiency.
However, during the Pretreatment Audit, the EPA determined there was sufficient STP influent
and SIU effluent sampling data by which a more accurate site-specific removal efficiency for the
Iowa City STP could be derived.
In the Matter of Iowa City, Iowa
Order for Compliance on Coment
CWA-07-1020-0103
Page 6 of 12
38. The City's failure to continue to evaluate and develop local limits utilizing the more
accurate site-specific removal efficiency is a violation of 40 C.F.R. Part 403 and the terms and
conditions of Respondent's NPDES Permit and Pretreatment Permit, as such, is a viola*o(` j -
Sections 307 and 402 of the CWA, 33 U.S.C. § 1317 and 1342(p).
Order for Compliance on Consent JAN 2 ? 1010
City Gi2rK
39. Based on the EPA Findings set forth above, and pursuant to Section 309(a)(3)18�.�ity, Iowa
CWA, 33 U.S.C. § 1319(a)(3), the EPA hereby ORDERS the Respondent, and the Respondent
hereby AGREES, to take the actions described below.
40. In accordance with this Order, the Respondent agrees to take all necessary actions to
correct the deficiencies and eliminate and prevent recurrence of the violations cited above, and to
come into compliance with all of the applicable requirements of its NPDES Permit as soon as
possible but no later than eighteen (18) months after the effective date of this Order ("Final
Compliance Date").
41. Compliance Plan. By no later than thirty (30) days after the effective date of this
Order, the City shall submit to the EPA, with a copy to the IDNR, a comprehensive written plan
(the "Compliance Plan") for achieving compliance with the City's NPDES and Pretreatment
Permits.
a. The Compliance Plan shall describe in detail the actions to be taken or work to be
completed, including, at a minimum:
i. A revision of the local limits calculation for zinc using the site-specific
removal efficiency factor for the STP (to be submitted to the IDNR for
approval by no later than thirty (30) days after the effective date of this
Order);
ii. The procedures and timetable for revision of the City's Sewer Use
Ordinance with new approved local limits; and
iii. Revised Pretreatment Permits issued by the City to Significant Industrial
Users by no later than six (6) months after the effective date of this Order
to incorporate the revised local limits, including any compliance schedules
required to be incorporated into the Pretreatment Permits.
b. The Compliance Plan shall include an implementation schedule with a proposed
sequential milestone schedule for completing any proposed actions/work. All such
actions/work shall be completed as expeditiously as possible, with a final completion
date of no later than eighteen (18) months after the effective date of this Order.
c. The EPA will promptly review, and may provide comments on, the City's
Compliance Plan.
d. If the submission is disapproved in whole or in part, the EPA will notify Respondent
in writing. Respondent shall correct all deficiencies and resubmit the plan, report, or
disapproved portion thereof, for approval, within 20 business days or such longer
In the Matter of Iowa Cit), lowa
orderjor Compliance on Consent
CWA-07-2020-0103
Page 7 of 12
time as agreed to by the EPA in writing. JAN ? 7 2020
42. Compliance Plan Completion. Within thirty (30) days of completion of theity Cle! K
scheduled corrective action, the City shall submit a written certification to the EPA, wi L0a c&jWty, Iowa
to the IDNR, that it has completed all actions required pursuant to this Order on Consent and
achieved compliance with its NPDES Permit.
43. The EPA will promptly review submittals from Respondent. If, after review of
Respondent's submittals pursuant to this Order on Consent, the EPA determines that additional
corrective measures or alternative deadlines are appropriate, the EPA may seek to modify this
Order on Consent pursuant to the provisions of Paragraph 54 below or terminate this Order on
Consent and initiate a separate enforcement action, as appropriate.
Reports/Submissions
44. Quarterly Reports. In addition to the submittal required by Paragraph 41, above, the
City shall submit to EPA, with a copy to the IDNR, quarterly reports describing the actions the
City has taken to comply with the terms of this Order, including at a minimum: copies of the
IDNR approval of the revised local limits; copies of any modification and/or amendment to the
City's Pretreatment Permit, NPDES Permit, or Sewer Use Ordinance, and Pretreatment Permits
issued by the City to Significant Industrial Users, including any compliance schedules, that were
issued or received during the reporting period; monthly discharge monitoring reports for the
reporting period; and notification of any noncompliance with the Permit during the reporting
period. These reports are due by March 31, June 30, September 30, and December 31 during the
Compliance Plan implementation period until termination of this Order pursuant to Paragraph
55, below.
45. Submittals. All documents required to be submitted to EPA by this Order, including
the certification statement in Paragraph 48 below, shall be submitted by electronic mail to:
tipton.lantz@epa.gov
Lantz Tipton, or his successor
U.S. Environmental Protection Agency — Region 7
Enforcement and Compliance Assurance Division
Water Branch
11201 Renner Boulevard
Lenexa, Kansas 66219
46. Electronic submissions to the EPA will be deemed submitted on the date they are
transmitted electronically. Any report, notification, certification, or other communication that
cannot be submitted electronically to the EPA shall be submitted in hard -copy to the address
provided above.
47. All documents required to be submitted pursuant to this Order shall also be submitted
electronically and by mail to IDNR to the address provided below:
deborah.quade@dnr.iowa.gov
Deborah Quade, Supervisor
Field Office #6
Iowa Department of Natural Resources
1023 W. Madison St.
Washington, Iowa 52353-1623
In the Matter ofIowa City, Iowa
Order for Compliance on Coment
CWA-07-2020-0103
Page 8 of 12
4�x
JAN 2 7 2020
City Clerk
Iowa City, Iowa
48. Each submission requirement of this Order shall contain the following certification
signed by an authorized official, as described at 40 C.F.R. § 122.22:
I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualif ed personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility offtne and
imprisonment for knowing violations.
General Provisions
Effect of Compliance with the Terms of this Order for Compliance
49. Compliance with the terms of this Order shall not relieve Respondent of liability for,
or preclude the EPA from, initiating an administrative or judicial enforcement action to recover
penalties for any violations of the CWA, or to seek additional injunctive relief, pursuant to
Section 309 of the CWA, 33 U.S.C. § 1319.
50. This Order does not constitute a waiver or a modification of any requirements of the
CWA, 33 U.S.C. § 1251 et sea., all of.which remain in full force and effect. The EPA retains the
right to seek any and all remedies available under Sections 309(b), (c), (d), or (g) of the CWA,
33 U.S.C. § 1319(b), (c), (d) or (g), for any violation cited in this Order. Issuance of this Order
shall not be deemed an election by the EPA to forgo any civil or criminal action to seek
penalties, fines, or other appropriate relief under the CWA for any violation whatsoever.
Access and Requests for Information
51. Nothing in this Order shall limit the EPA's right to obtain access to, and/or to inspect
Respondent's facility, and/or to request additional information from Respondent, pursuant to the
authority of Section 308 of the CWA, 33 U.S.C. § 1318 and/or any other authority.
Severability
52. If any provision or authority of this Order, or the application of this Order to
Respondent, is held by federal judiciary authority to be invalid, the application to Respondent of
In the Matter of Iowa City, Iowa
Order for Compliance on Consent
CWA-07-2020-0103
Page 9 of 12
the remainder of this Order shall remain in full force and effect and shall not be affected by such
a holding.
Effective Date
53. The terms of this Order shall be effective and enforceable against Respondent on the
Effective Date, which is the date this Order is signed by the EPA.
Modification
54. At the EPA's sole discretion, extensions of the compliance schedule/deadlines
required by this Order may be made by the EPA by written notice to Respondent, without further
formal amendment to the Order. The EPA's consent for a requested extension will not be
unreasonably withheld. All other modifications to this Order may only be made by mutual
agreement of the Parties, pursuant to a written amendment signed by each Party.
Termination
55. This Order shall remain in effect until a written notice of termination is issued by an
authorized representative of the EPA.
FiN
JAN 2 7 2020
City Clerk
loka1a City, Iowa
In the Maner of lowa City. Iowa
Order far Compliance on Conant
CWA-07-1020-0/03
Page 10 of 12
For the Complainant, U.S. Environmental Protection Agency:
Issued this day of 2020.
David Cozad
Director
Enforcement and Compliance Assurance Division
Shane E. C. McCoin
Assistant Regional Counsel
Office of Regional Counsel
FILE®
JAN 2 71020
City Clerk
Iowa City, Iowa
For the Respondent, City of Iowa City:
Signature
Name
Title
Date
In the Matter of Iowa City, Iowa
Order for Compliance on Consent
CWA-07-2020-0103
Page 11 of 12
JAN 2 71010
City Clerk
Iowa City, Iowa
In the Mauer ofIowa City, Iowa
orderfor Complianre on Consent
CWA-07-2010-0103
Page 11 of 12
Certificate of Service
I certify that on the date noted below I hand delivered the original and one true copy of this
Findings of Violation and Administrative Order for Compliance on Consent to the Regional
Hearing Clerk, U.S. Environmental Protection Agency, 11201 Renner Boulevard, Lenexa,
Kansas 66219.
I further certify that on the date noted below I sent a copy of the foregoing Order for Compliance
on Consent by first class certified mail, return receipt requested, to:
The Honorable Jim Throgmorton
Mayor, Iowa City
401 East Washington St.
Iowa City, Iowa 52240
and via first class mail to:
Date
Deborah Quade, Supervisor
Field Office #6
Iowa Department of Natural Resources
1023 W. Madison St.
Washington, Iowa 52353-1623
Signature
FILE®
JAN 2 7 010
City Clerk
Iowa City, Iowa
END
OF
CASE
FILE