HomeMy WebLinkAboutR-1666 - Approving the Order on Consent, third amendment with the Washington State Department of Ecology and authorizing the Mayor to execute the sameCIT Y 0 F MAR Y S V ILL E
Marysville,Washington
RESOLUTION NO.!b'k
A RESOLUTION OF THE CITY OF MARYSVILLE APPROVING THE
ORDER ON CONSENT,THIRD AMENDMENT,WITH THE WASHINGTON
STATE DEPARTMENT OF ECOLOGY,AND AUTHORIZING THE MAYOR TO
EXECUTE THE SAME.
WHEREAS,the city of Marysville has previously entered into
an Order on Consent,and two amendments thereto,with the
Washington State Department of Ecology,pursuant to RCW 90.48;
and
WHEREAS,the Order on Consent,Second Amendment,expired by
its terms on December 31,1993;and
WHEREAS,the city Council of the city of Marysville believes
it to be in the interest of the health,safety,and welfare of
the community to extend the Consent Order until the anticipated
completion of the upgrade to its wastewater treatment plant and
until the issuance of a new NPDES permit;NOW,THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE
AS FOLLOWS:
The city Council hereby approves,and the Mayor is hereby
authorized,to execute the Order on Consent,Third Amendment,a
copy of which is attached hereto and incorporated herein by this
reference.
~PASSED by the City Council and APPROVED by the Mayor this
~~day of January,1994.
CITY OF MARYSVILLE
ATTEST:
B~,~CITY CLERK
Approved as to form:
By ~/(VJJ.ed2
>CITY ATTORNEY
Imsvl/consent.res
L.....____________________ __
JAN 07 '94 12:52 TO:206 568 4437
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FROM:ECOLOGY LEGAL DIV,T-339 P,02
STATE OJ'WASHINGTON
DEPARTMENT 01'ECOLOGY
THE MATTER OF THE COMPLIANCE BY )
THE CITY OF MARYSVILLE )
with Chapter 90.48.RCW and the )
Rules and Regulations of the )
Department of Ecology )
------------)
ORDER ON CONSENT
THIRD AMENDMENT
No.DE 89-N259
I.INTRODUCTION
This Order is'issued to the City of Marysville named
above by the state of Washington,Department of Ecoloqy (DOE),
pursuant to Ch.90.48 RCW,Water Pollution Control Act.By
signing the Order,the City of Marysville consents to its
issuance.
II.STIPULATIONS
By the signatures appearing below,the city of Marysville
hereby consents and agrees to:
A. The issuance of the order;
B.Perform and comply with the city's obligations as
specified in this Order;and
c.Not appeal,contest,or legally challenge the
issuance of this Consent Order or DOE's juriSdiction to
enforce this Consent Order.
IIi:.DOB KOT BOUND TO ACT
Any conduct by DOE described herein by means of the words
"will,""may,".nshall,"etc.does not create a promise,
0:RD!m ON CONSENT
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JAN 07 '94 12:53 TO:206 568 4437
FROM:ECOLOGY LEGAL 011).T-33'3 P.03
undertaking,or any legal duty on the part of DOE.Instead,
any such expressions indicating an act or omission contem-
plated on the part of DOE,shall operate (at most and only if
legally appropriate)only as a condition precedent to a duty
of the city of Marysville to perform some act or to refrain
from acting as appropriate under the terms of this Order.
IV.JUD;J:CUL REVIZW
In the event that the city fails,without sufficient
cause,to comply with any of the terms of this Order,this
Order may be enforced pursuant to the powers vested in DOE by
law.No party,other than DOE,will bring any legal action
except as allowed herein to appeal,challenge or construe any
portion of this Order.
V.PlJRP08B OJ'OMU
Because Marysville has sUbstantially completed
construction of its sewage treatment plant,and currently is
completing Phase II,the parties aqreethat it is appropriate
to update and modify the order to reflect the final steps for
completion of the project.
Further,it is the purpose of this Third Amended Order on
consent to implement,consistent with the stipulated facts and
.scope of work contained herein,an orderly process,with
projected time frames,whereby the city will complete the
upgrade of its wastewater treatment plant.
ORDER ON CONSENT
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the First Amended order on Consent dated June 18,1991,and
the Second Amended Consent Order dated March 9,1992.
Prior to the agreement to this Third Amended Consent
Order,on the basis of field investigations and settlement
negotiations,the city of Marysville understood that DOE
alleged that the City's sewage treatment plant had exceeded
its design capacity for flow,Biochemical Oxygen Demand (BOO),
and Total Suspended Solids (TSS), and that it had exceeded its
effluent limitations as specified in its National Pollutant
Discharge Elimination System Permit (NPDES)for BOD,TSS, and
Fecal Coliform Bacteria,and that such capacity and effluent
limit violations posed a threat to the pUblic health and the
waters of the state unless these problems were abated.
Pursuant to the prior Order and for the purposes of this
Order,the City of Marysville agreed not to contest these
allegations.By signing this Order,the city does not admit
any liability or fault with respect to said alleqations,but
does waive its right to address these allegations in the event
of a future dispute between the city and DOE,except certain
reserved rights of appeal specifically set out in Section XVI,
Dispute Resolution,herein.
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JAN 07 '94 12:54 TO:205 558 4437
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FROM:ECOLOGY LEGAL DIV.T-339 P.05
taken pursuant to this Order are reasonable and necessary to
protect the public health,welfare,and the environment.The
City of Marysville further agrees to the time frames for
beginning and completing the actions required by this Third
Amended Order and that this Third Amended Consent Order shall
apply to and be binding upon them,their agents,successors,
and assigns.The mutual objective of the city of Marysville
and DOE continues to be to prevent risk of exposure
detrimental to the public health and to prevent contamination
of the waters of the state.
VI.JVRISDICTIOB
This consent Order is issued pursuant to the authority
vested in the State of Washington,Department of Ecology,by
the Federal Water Pollution Control Act,(Clean Water Act)
(FWPCA),33 U.S.C.Sec.1311,et seq.and by Ch.90.48.RCW,
the Water Pol1\ltion Control Act.
VII.p.'AAnBs
A. The city of Marysville owns and operates a municipal
wastewater treatment plant (WWTP)in the City of Marysville.
B. The Department of Ecology is the agency of the State
of Washington responsible for statewide implementation of the
FWPCA and charged with enforcement of Ch.90.48 RCW and
Ch.173-20LA WAC water quality standards.
ORDER ON CONSE1I'f -4.-
,
A.On JUly 11,1983,the State of Washington,
Department of Ecology issued NPDES Waste Discharge Permit No.
WA-002249-7 to the city ot Marysville.
B.Special Condition 51 of said permit defines the
effluent limitations (treated municipal wastewater)that
permittee,the city,is authorized to discharge to Ebey
Slouqh.Condition 84 of said permit addresses plant design
capacity.
c.The City has exceeded its mass emission limits for
BOD,TSS,and its concentration limits for BOD.
D. The City has exceeded its design flow and design BOD
loading.
E.Noncompliance with NPOES Permit No.WA-002249-7 is a
violation of RCW 90.48.090 and RCW 90.48.180 and is a
violation of the Clean Water Act (~CA).
F.On February 13,1990,DOE issued a Notice of
Violation No.DE 89-N259 to the 'City for effluent limit
violations as specified in condition 81 and design and loading
violations as specified in condition 54 of NPDES Permit No.
WA-002249-7.
G.On March 15,1990,the City responded to the Notice
of Violation with a proposed schedule and a draft engineering
JAN 07 '94 12:55 TO:206 568 4437 FROM:ECOLOG'y LEGAL DI I).T-339 P.07
H.Since March 15,1990,the City has commenced and
completed the following items and has otherwise made
substantial progress toward addressing the concerns of DOE and
in upgrading its WWTP:
1.The City completed installation of additional
interim aeration capacity at its WWTP in June 1990.
2.The city replaced the hydraulic curtain in the
northern oxidation pond in April 1991.
3.The city has increased staffing at the WWTP by
3.0 FTE since January 1990 (for a total of 4.0 FTEs), and
has upgraded lab equipment and testing procedures.
4.On October 31/1990 the city completed and
SUbmitted to DOE an engineering report and outfall
analysis relating to the improvements proposed at its
WWTP.A subsequently amended report was formally
approved with conditions by DOE on June 7/1991.
5.During the summer of 1991 the City conducted a
pilot study of the use of a rapid sand filtering system
at its WWTP for reduction in TSS. The results of said
study demonstrate the feasibility of the rapid sand
filtering system at the Marysville WWTP.
6.The city completed a Comprehensive sanitary
Sewer Plan and submitted the same to DOE on October 31/
1990.
ORDER ON CONSmr:-t-
JAH 07 '94 12:56 TO:206 568 4437
FROM:ECOLOGY LEGAL DIV,T-339 P.08
7.The City has prepared and submitted to DOE ten
predesign reports relatinq to various elements of the
WWTP upqrade.
8.The City submitted plans and specifications for
Phase I internal treatment improvements to its WWTP on
November 4,1991.DOE has since approved said plans and
specifications,and the city bid and awarded the contract
for construction.Phase I includes additional aeration
and hydraulic curtain improvements.
9.The City has completed construction of a storm
water separation project,thereby eliminating significant
storm water inflow from the sanitary sewer system within
the downtown core.
10.The city has applied for and received a real
property lease from washington State Department of
Natural Resources for its proposed WWTP outfall diffuser
and appurtenances~
11.The city has applied for and received approval
for a Master Shoreline Permit from the City of Marysville
and DOE for the proposed WWTP upqrade.
12.During the SUInmt;lr I;lf 1990 the City conducted a
survey of all industrial users connected to the sanitary
sewer system.The City has since been working with three
of the largest BOD generating industries and has reduced
loadinq from these sources apProximately sot.
ORDER ON cOllTsmrr
13.The city has secured adequate funding for the
proposed improvements to its WWTP and outfall.
14.DOE personnel have conducted two on-site
inspections of the Marysville WWTP during 1991 and 1992.
Both reports have reflected that the Marysville.WWTP is
operating at improved levels to that of pre-1990.
15.The City applied to Snohomish County and was
issued a ~aster shoreline Permit for those portions of
the project located outside the Marysville city limits.
16.The City applied to the Army Corps of Engineers
for a section 404 permit which was subsequently issued.
The city has conducted a wetland study and has prepared a
wetland mitigation plan which addresses impacts to
surrounding wetlands resulting from the proposed WWTP
upgrade.
17.The city has completed,pursuant.to SEPA,a
Draft Environmental Impact statement and Final Environ-
mental Impact statement relating to the City's sewer
system and the upgrade of its WWTp.
18.As of the date of this Third Amended Order on
consent,the remaining WWTP upgrades are under
~onstruction with a projected completion date of
.September 30,1994 or earlier.
ORDER ON CONSENT -8-
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IX.BINDIJIG UPEC'!'
provisions of this Order shall apply to and be binding
upon the city of Marysville,their officers,directors,
agents,servants,employees,successors,assigns and all
persons,firms and corporations acting on their beh~lf.The
City of Marysville agrees to give notice of this Consent Order
to any successor in interest prior to transfer of ownership or
operation of the City's WWTP and Shall so notify the
supervisor of the Water Quality Section of the Northwest
Regional Office,Department of Ecology,Bellevue,Washington
98008.The city of Marysville shall provide a copy of this
Order to each contractor which it retains to perform work
prescribed herein prior to executinq such work.
x.SCOPH OP WORK
The city of Marysville has complied with and completed
the following scope of work items in connection with the Order
on Consent,First Amended Order on Consent,and the Second
Amended Order on Consent:
A. The city has installed additional interim aeration
capacity at its WWTP and has provided such additional
equipment and operating methodssu~that the effluent limits
specified in paragraph XI ~ffluent Limits,Reporting and
Monitoring,have been substantially complied with.
B. The City has designed and completed separation of
storm water inflow from the sanitary sewage entering the WWTP
ORDER ON CO)JSEN'l'
JAN 07 '94 12:58 TO:206 568 4437 FROM:ECOLOGY LEGAL DIU,T-339 P,ll
as required under the original Order on Consent and'First .
Amendment thereto.
C. The city has completed and DOE has approved a study
of the WWTP outfall and has selected a new outfall location
which will transfer theWWTP discharge from Ebey Slough to
steamboat Slough.
D.The city has constructed phase I of the WWTP
upgrade,which was operational as of June 1,1992.
E. The City has submitted plans and specifications for
outfall and diffuser facilities for review by the DOE.The
City began construction of Phase II of the WWTP upgrade and
completed construction of the new outfall on October 14,1992.
F.The city has under contract the complete
construction of all remaining portions of the WWTP upgrade as
described in the approved engineering report including the
rapid sand filtration plant.
G. To complete construction of treatment plant,the
City shall complete the following scope of work items as
follows:
1.Complete construction of Phase II of the
treatment plant and commence operation of the rapid sand
filtration system by July 5,1994.The remaining
portions of the Phase II construction include a new
headworks,laboratory,chlorine contact facilities,
OlU)BR ON CONSIBT
JAN 07 '94 13:03 TO:206 568 4437 FROM:ECOLOGY LEGAL DIV.T-340 P.02
recirculation pumps, and outfall pumping station,as
described in the approved engineering report.
2.Discharge wastewater to Steamboat Slough
through the newly oonstructed.outfall in accordance with
the effluent limits described in Section X.
H.In addition to any other factors the city normally
uses in its permitting decision process,beginning January 1,
1992 the city will use the following factors to determine
whether additional building permits shall be issued before the
city's new WWTP is complete and operational:
1.The plant shall maintain compliance with the
effluent limits specified in paragraph XI Effluent
Limits,Monitoring and Reportirig.
The city recognizes its obligation to maintain
adequate capacity and effluent quality at its plant and
recognizes that the following condition in its NPDES
Permit No. WA-002249-7,as administratively extended,
still applies.
S4b.Plans for Maintaining Adequate Capacity
When the actual • • •waste load reaches 85
percent.of the design capacity • • •,or when
the projected increases would reach design
capacity within five years,whichever occurs
first,the permittee shall submit to the
department ort an annual basis,a plan and
schedule for continuinq to maintain adequate
capacity.This plan shall address any and all
of the actions necessary to meet this
I
ORJ)l!lR ON CONSENT
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R 4 1 TO:206 568 4437 FROM:ECOLOGY LEGAL DIV.1-340 P.03
objective.This may include the following
items:
1.Analysis of the present design and/or
process modifications that would establish
the ability of the existing facility to
reliably treat flows and/or waste loads
(i.e.,achieve the effluent limits and
other requirements of this permit),in
excess of the existing design criteria.
2.Eli~ination of excessive infiltration and
inflow of uncontaminated ground and
surface water into the sewer system to
reduce extraneous flow.
3.Limitation on future sewer extension or
oonnections or additional • • •waste
load.
4.Modification or expansion of facilities
necessary to accommodate increased • . •
waste load.
5.Any other aotions necessary to achieve
this objective,
The plan shall specify any contraots,
ordinances,methods for financing or other
arrangements necessary to achieve this
objeotive..
2.When DOE approval is necessary to proceed with
the work specified above,that review will not exceed
sixty (60)days from the date of receipt of the City's
.,
sUbmittal,provided that the sUbmittals meet the
requirements of eh.173-240 WAC and Criteria for Sewage
Works Design,DOE 78-5.The City shall have an
additional one daY to complete the work referenced herein
for each day that the DOE review exceeds the 60-day
limit.Where delays in PO~review result in loss of a
ORDER ON coNaUT -12-
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FROI1:ECOLOGY LEGRL DIV. T 340 P.04
construction season,the work specified herein shall be
adjusted appropriatelY.
3.So long as the city exercises due diligence in
completing the scope of work a~outlined in X.G,delays
due to factors beyond the control of the city or its
agents and consultants shall not be a basis for
imposition of penalties or sanctions by DOE.
4.Upon completion.by the city of the work
referenced herein,and sUbmission of a Declaration of
Construction of Water Pollution Control Facilities by the
city,the requirements of this Order shall be fUlfilled
and shall have no further legal effect on the City.
XI.EFFLUENT LIMITS,RBPORTING AND MONITORING
Notwithstanding any effluent limits specified in any
NPDES permit issued to the City of Marysville for its sewage
treatment plant,the following effluent limits shall apply
until September 30,1994.
ORDER ON OONS~.-13 ..
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/./.
Parameter
4437 FROM:ECOLOGY LEGAL DIV.T-340 P.05
Discharge Limitations
Monthly Ayerage
Carbonaceous Biochemical
oxygen demand (CBOD!)
25 mg/L
85%removal minimum during
the months April through
September whichever is most
stringent.
Total Suspended Solids (TSS)75 ~9/L for effluent flow
<2.8 MGD
30 mg/L for effluent flow
>2.8 MGD
Fecal Coliform Bacteria
Chlorine
200 CFU/100 ml
Between 6.0 -9.0 and
subject to the provisions of
40 CFR 133.
To be maintained at the minimum
level sufficient to achieve the
tecal coliform limit above.
In addition to any reporting reqqirements specified in ~PDES
permit No.WA-002249~7,the City shall monitor and test for
CBOD~,TSS,and BODs three times a week.These parameters
shall be tested concurrently usi.ng ~4 hour composite sampling.
XII.SEWER CONNECTIONS
In accordance with PCHB No.90-124,there shall be 940
sewer connections (residential equ.ivalent units)Which may be
authorized by Marysville from Janu.ary 31,1991 until the
fulfillment of this Order,as specified in Paragraph X.E.6.
These 940 connections shall be exempt from any potential sewer
ban under this Order.These 940 oonnections shall not be
diminished,but may, on new and significant information,be
ORDER ON CONSE~
FROI1:ECOLOGY LEGAL DIV. T 340 P.06
increased under XVII Re-Opener of this Order.These exempt
sewer connections shall be apportioned according to the sound
discretion of the city of Mar¥sVille.
,In light of the progress made by the City of Marysville
in constructing upgrades to the WWTP since the effective date
of the Second ~rder on Consent,the parties hereto agree that
"new and significant information"exists such that the 940
connections referenced above shall be considered a minimum so
long as the WWTP meets the effluent limits set forth in
paragraph XI above.
"Sewer extension"or "extenlJion"as used in the Order
shall mean "sewer line extensions"as defined in w~c
173-240-020(13)."Connections"means the physical attachment
of any source or potential source of wastewater to any sewer
or,other appurtenances tributary to the City of Marysville
wastewater treatment tacility."Reconnection"means the
re-establishment ot a prior connection provided that a
reconnect ion which will not cause a flow or load increase to
the sewer system greater than that from the same source at any
time within the prior year will not be sUbject to sewer bans
under this order.
"Additional loading"means flow or addition of pollutants
to the sewer collection system whioh exceeds the flow or
quantities of pollutants enterin~the sewer collection system
from any specified source served ~y the City.
QRPBR ON CONSENT -lS-
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TO:2136 568 4437 FROM:ECOLOGY LEGAL DIV.T 3413 P.B7
"Residential equivalent unit"means loading equal to that
contributed to a sewer connection by an average single-family
residence and is equal to 0.56 pounds per day ot BOD.
The City of Marysville agrees to abide by the effluent
parameters of paragraph XI by contrOlling issuance of sewer
connection permits within the service area and by contrOlling
issuance of building permits within the City's jurisdiction.
XUI.AOOESS
DOE or any state-authorized representative shall have the
authority to enter and freely move about the City ot
Marysville's WWTP and PUblic Works Department at all
reasonable times for purposes of inspecting records,logs and
contracts relating to.the operation of the plant and sewer
connection permits.For the pur~ose of inspecting records at
the Public Works Department office,24 hours notice shall be
provided.
ORDER ON,CONSENT -;u-
f -,.•
XIV.EXTBNSIONS OP DEADLINES
Extension of any deadlines imposed on the city shall be
granted only when requests for extensions are submitted in
writing in a timely fashion/and good oause exists for
granting the extension.Extensions shall be granted for such
period of time that DOE determines is reasonable under the
circumstances and shall not be effective until approved by DOE
in writing.The City of Marysville shall promptlY notify DOE
of any occurrence which may result in noncompliance with the
requirement of the Consent Order which is caused by
circumstances beyond the city's control Which could not be
overcome by due diligence.Such notification shall state the
natu7e of the anticipated noncompliance,the reasan(s)
therefore,the expected duration of the noncompliance and any
mitigating actions taken.
XV.STIPULATED PBHALTIES
If after January 1,199~and until December 31,1993,the
city of Marysville fails to meet the effluent limits specified
in paragraph XI of the Order on Consent (2nd Amendment)
Effluent Limits,Monitoring'and Reporting above,the city
stipUlates and agrees that it shall be obligated to pay into
the State Treas~ry a civil penalty in an amount of ONE
THOUSAND DOLLARS ($1,000)for each effluent limit or parameter
violation.Penaltie~~~$paya~le to Fiscal Ca$hier,
ORDER ON CONSBNT
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-",ii'u,J"i ~J·E:JO 10.200 ::Job 4431
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t •
FRO/'I:ECOLOGY LEbHL DI Q.T-34121 P.1219
Department of Ecology,P.O.Box 5128,Lacey,Washington 98504-
0210.
If afte anuary 1,1994,the ~ty of Marysville fails to
meet the effluent mits speci ed in paragraph XI of the
ant)Effluent Limits,MonitoringOrderonConsent(3rd
and Reporting above,stipulates and agrees that it
shall be obligated pay into e State Treasury a civil
penalty in an a unt of ONE THOUB DOLLARS ($1,000)for each
effluent li t or parameter violation.enalties are payable
to Fisc cashier,Department of Ecology,P ••Box 5128,
Lace ,WA 98503-0210.
If the permittee contemplates a reduction in the required
level of treatment that would exceed permit effluent
limitations in Permit No.'WA 0022497 on a short-term basis for
any reason,and such reduction cannot be avoided,the
permittee shall giVe~written notification to Ecology,if
possible,30 days prior to such activities,detailing the
reasons for,length of time of,and the potential effects of
the reduced level of treatment.If Such a reduction involves
a bypass,the requirements of Condition G5,Permit No.WA
0022497 and the "Construction or Maintenance Related Overflow
or Bypass"conditions must be met.
In such event that the city may contemplate a temporary
disturbance in the WWTP as described above,the City may
ORDER ON CONSBJI'l'
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L
request in writing from Ecology an administrative order
allowing the temporary change in the effluent limits.
'Documentation of payment of all penalties shall be sent
to the Municipal Enforcement specialist,Water Quality Program
at Ecology's Northwest Regional Oft ice,3190 -160th Avenue
I
SE,Bellevue,WA 98008-5452.
XVI.DISPUTE aBSOLUTION
DOE and the City Of Marysville shall use their best
efforts informally and in good faith to resolve all disputes
or differences of opinion.If through this informal dispute
resolution process,agreement oannot be reached in the dispute
within thirty (30)days thereafter,then DOE shall promptly
provide a written deoision to the City.If DOE's final
written decision is unaoceptable to the City,then the City,
subject to the provisions of ~ection IV of the Order,shall
have the right to sUbmit the dispute to the Pollution Control
Hearings Board or a court tor resolution.
XVII.aB"OPENBR
If new and significant information having a bearing upon
the subject matter of this Order becomes available,DOE may
re-review the terms of the Order and make any changes it deems
appropriate.The City may request of DOE,in writing,a
reconsideration of the Order upon presentation of new and
significant information which has a hearing on the imposition
of sanctions specified in this Order.
ORDER ON CONl,I~!rT
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i=..........._........1"1""",I 1,01 I.L:CULQU I LeGAL D 1 V.340 F.II
In the event that the re-review results in DOE revising
any portion of the Order,the City may appeal the revision in
accordance with paragraph XVI Dispute Resolution of this
Order.
XVIII.EPPSOTIVE DATE
This Order is effective on this _
__~,1993.
Mayor,city of Marysville
Supervisor,Water Quality
Northwest Regional Office
Department of Ecology
day of
Date'
Date
oaDER ON CONSENT -ao-
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