Update 2023-11-13: Valdosta Standard Operating Procedures as conditions on Consent Order EPD-WP-9424 2023-11-13.

That One Mile Branch fish kill back on September 23, 2022, was not just from a fuel spill by VSU.

The Georgia Environmental Protection Division (GA-EPD) found contamination and dead fish upstream of that alleged fuel spill. GA-EPD also cited numerous other Valdosta sewage spills, not only into One Mile Branch, but also into Hightower Creek (also draining through Sugar Creek into the Withlacoochee River), and spillsinto Knights Creek (which drains into Mud Swamp Creek, then the Alaphoochee River, and the Alapaha River).

Result? A new Consent Order on Valdosta, including a hefty fine as one of five conditions, the rest of which have sixty (60) day deadlines.

$56,139.30 fine on Valdosta for One Mile Branch Fish Kill and other spills –GA-EPD 2023-09-15

$56,139.30 may not sound like much as a fine, but it is huge compared to typical GA-EPD fines of maybe $10,000, and it is almost half of the $122,000 of the 2020 Consent Order after the huge December 2019 Valdosta sewage spill.

Please note that the Valdosta Utilities Department is under new management since all this happened.

Acting Utilities Manager Jason Barnes now has the task of cleaning up the physical and regulatory mess, even though he had nothing to do with causing it.

The City’s explanation for the One Mile Branch fish kill at the time did not pass muster with GA-EPD:

Contamination and fish kill upstream from alleged fuel leak
PDF

WHEREAS, the Fish Kill Report also noted that the Respondent’s representative on-site believed that an unknown fuel/fluid had leaked from equipment in a parking lot near the crossing of North Oak Street over One Mile Branch and could have contributed to the fish kill, however, dead fish were observed upstream of this location on One Mile Branch and the Fish Kill Report concluded that any spill from the downstream fluid site would not have resulted in fish dying upstream of that location; and

GA-EPD explains its view of that upstream contamination and other violations in further WHEREASes.

Then summarized the issues:

Alleged Violations and Conditions
PDF

Alleged Violations

WHEREAS, the Respondent’s six (6) reported spills of raw sewage into waters of the State, three (3) of which are major spills, are in violation of the Permits, the Water Quality Rules, and the Water Quality Act; and

WHEREAS, the one (1) fish kill is in violation of the Water Quality Rules and the Water Quality Act; and

WHEREAS, the Respondent’s one (1) unpermitted discharge is in violation of Permit No. GA0020222, the Water Quality Rules, and the Water Quality Act; and

WHEREAS, the Respondent’s six (6) exceedances of effluent limits at the Mud Creek WPCP are in violation of Permit No. GA0020222; and

WHEREAS, the Respondent’s six (6) exceedances of effluent limits at the Withlacoochee WPCP is in violation of Permit No. GA0033235; and

So Valdosta agreed to a hefty fine and other conditions to settle all this.

Conditions

WHEREAS, the Director has determined that an amicable disposition of the alleged violations set forth herein is in the best interest of the citizens of the State of Georgia.

NOW THEREFORE, before the taking of any testimony and without adjudicating the merits of the parties’ positions, the parties hereby resolve the allegations in this matter upon order of the Director and consent of Respondent as follows:

$56,139.30 fine
PDF

1. Within thirty (30) days of the execution date of this Order, pay $56,139.30 to the Georgia Department of Natural Resources for the violations listed in this Order.
2. Within sixty (60) days of the execution date of this Order, the Respondent shall submit to EPD a plan to identify the source of the Ammonia violations at the Mud Creek WPCP, including concrete actions and implementation timelines. Until the source has been identified, the Respondent must send monthly updates of the progress of the investigation to EPD, beginning two (2) months after the submission of the plan. The updates may be submitted with the Respondent’s DMRs.
3. Within sixty (60) days of the execution date of this Order, the Respondent shall submit a Standard Operating Procedure (SOP) defining the Respondent’s communication and compliance and enforcement procedures as they relate to the Industrial Users that participate in the Respondent’s Industrial Pretreatment Program. The SOP should include requirements and standard procedures for Industrial Users to submit notifications of changes to their processes, including the addition, removal, or replacement of chemicals and/or products. Once submitted, EPD will review and notify the Respondent if any revisions are needed. If revisions are required, the Respondent shall submit the revised SOP within sixty (60) days of receipt of EPD’s requested revisions.
4. Within sixty (60) days of execution date of this Order, the Respondent shall submit standard agreements and SOPs it uses in outlining procedures and responsibilities for interactions with contractors to EPD for review. These documents should address, but may not be limited to, requirements for maintenance and inspection of work sites and equipment as well as how the Respondent engages in oversight of contractor work and work sites. Once submitted, EPD will review and notify the Respondent if any revisions are needed. If revisions are required, the Respondent shall submit the revised SOP within sixty (60) days of receipt of EPD’s requested revisions.
5. Within sixty (60) days of the execution date of this Order, the Respondent shall submit Operation and Maintenance Manuals and SOPs that outline inspection schedules and procedures of treatment equipment for both the Mud Creek WPCP and Withlacoochee WPCP. Once submitted, EPD will review and notify the Respondent if any revisions are needed. If revisions are required, the Respondent shall submit the revised SOP within sixty (60) days of receipt of EPD’s requested revisions.

Deadlines

Time is of the essence in this Consent Order. Compliance with any deadline that falls on a Saturday, Sunday, or state-recognized holiday shall be by the next business day.

Thanks to GA-EPD for returning a response to my open records request in record time, within hours.

The documents they sent are on the WWALS website.

Let me quote from High E. coli near One Mile Branch fish kill, and maybe fuel spill 2022-09-23:

While the Valdosta press release does not say how they found out about this fish kill, it does say “At approximately 8:15 pm on Friday, September 23rd 2022, the City of Valdosta received a notification of a possible environmental incident”. Perhaps not coincidentally, 8:15 PM is four minutes after WWALS sent out our press release, including to several Valdosta City officials and to the Georgia Environmental Protection Division (GA-EPD).

And the WWALS press release was because WWALS member (and now Board Member) Scotti Jay noticed the fish kill.

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

You can help with clean, swimmable, fishable, drinkable, water in the 10,000-square-mile Suwannee River Basin in Florida and Georgia by becoming a WWALS member today!
https://wwals.net/donations/

Short Link: