ML20154L034
| ML20154L034 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 05/23/1988 |
| From: | Willsey W PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| To: | Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 8805310127 | |
| Download: ML20154L034 (5) | |
Text
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PHILAD ELPHI A ELECTRIC COM PANY 2301 M ARKET STREET P.O. BOX 8699 PHILADELPHI A. PA.19101 (215)841 4000 May 23, 1988 Director l
Office of Nuclear Reactor Regulation l
US Nuclear Regulatory Commission l
Washington, DC 20555 RE:
Consent Order and Agreement for Peach Bottom Generating Station
Dear Sir:
In accordance with "Appendix B of the Peach Bottom Generating Station Operating License Nos. DPR-44 and DPR-56, docket numbers 50-277 and 50-278", attached is the subject Consent Order and Agreement, (COA) for Peach Bottom Generating Station.
The attached COA became effective on April 29, 1988 and will terminate upon our compliance with the NPDES effluent limitations for outfall 501 for a period of six (6) ccnsecutive months.
Sincerely yours, h'
l W. B. Willsey Director l
Environmental Affairs Attachment DWM:nas
)
cc:
Administrator, Region I Office of Inspection and Enforcement US Nuclear Regulatory Commission 631 Park Avenue King of Prussia, PA 19406
($OCIl 8805310127 880523 l
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PDR ADOCK 05000277 P
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COMMONWEALTil OF PENNSYLVANIA DEP ARTMENT OF ENVIRONMENTAL RESOURCES In the Matter of:
Philadelphia Electric Company Peach Bottom Atomic Power Station Sewerage Peach Bottom Township, York County :
NPDES Permit No. P A0009733 CONSENT ORDER AND AGREEMENT This Consent Order and Agreement is entered into by and between the Commonwealth of Pennsylvania, Department of Environmental Resources ("Department"), and Philadelphia Electric Company, its successors and assigns ("PECO").
FINDINGS OF PACT The Department has made and determined the following finds of fact, which PECO agrees to as true and correct:
A.
The Department is the agency with authority to administer and enforce The Clean Streams Law, the Act of June 22, 1937, as amended, 35 P.S. S691.1 e_t, se_g.
("The Clean Streams Law"), Section 1917-A of the Act of April 9,1929, P.L.177, as amended,71 P.S. SS10-17 ("the Administrative Code"), and the Rules and Regulations promulgated thereunder, and which has been delegated authority to administer a permit program, the National Pollutant Discharge Elimination System
("NPDES"), under the Federal Clean Water Act,33 U.S.C. 51342.
B.
PECO is a Pennsylvania Corporation which operates a nuclear generating plant located in Peach Bottom Township, York County, Pennsylvania ("Peach Bottom Plant").
l C.
On or about July 1,1987, PECO spilled No. 6 fuel oil at its Peach Bottom Plant which entered a storm sewer via a sump and eventually to the Susquehanna. River, a water of the Commonwealth.
D.
The discharge of a petroleum product into waters of the Commonwealth as; described in Paragraph C herein, constitutes violations of Section 401 and 611 of The Clean Streams Law, supra.
E.
On September 27,1985, the Department issued to PECO NPDES Permit No. P A0009733 ("NPDES Permit") which authorizes the discharge of treated wastowntor from the Poach 11ottom Plant into the Susquehanna River.
P.
Since January,1987, PECO has discharged wastewater from Outfall 501 of its Peach Bottom Plant into the Susquehanna River in excess of the limitations con-tained in its NPDES Permit for phosphorus as found by a Department inspection on Auptst 17, 1987 and Discharge Monitoring Reports submitted by PECO. Said discharges constitute Wolations of Sections 201,202, and 611 of The Clean Streams Law, 35 P.S. $691.201, 691.202, and 691.611.
O so NOW, THEREFORE, the parties hereto, intending to be legally bound hereby and in consideration of the mutual covenants contained herein, do mutually agree as follows:
ORDER 1.
On or before May 1,1988, PECO shall submit to the Department for approval a study or plan which describes the steps taken or to be taken by PECO to ensure compliance with the terms and condlilons of NPDES Permit No. PA009733, Outfall 501 ("Plan").
2.
Within fifteen (15) days after receipt of written notice from the Department describing any defielencies in the plan, PECO shall make e responsive submission to the Department.
3.
PECO shallimplement the Plan as approved or modified by the Department'within thirty (30) days after receipt of the Department's approval of the Plan.
4.
If the approved Plan requires the issuance of a Water Quality Management Part II Permit, ("Part 11 Permit"), PECO shall:
submit a completed Part 11 Permit application to_the Department within a.
thirty (30) days after receipt of the Department's approval of the plan.
b, complete construction of any treatment facilities or modifications approved under PECO's Part 11 Permit within sixty (60) days after receipt of the Part 11 Permit from the Department.
5.
PECO shallimmediately achieve and maintain compliance with the terms and conditions of NPDES Permit No. P A0009733 for Outfall 501.
6.
Paragraphs I through 4 of this Consent Order and Agreement shall constitute an Order of the Department issued under authority of Sections 5 and 610 of The Clean Streams Law, supra, and Section 1917-A of the Administrative Code, supra, and PECO by execution of this document acknowledges receipt of the Order and waives an;'-ight to appeal from lasuance of the Order.
AGREEMENT 7.
In full settlement of all civil penalties assessable under Section 605 of The Clean Stream Law, Lsra for the violations specifically described in Paragraphs C, D, E, and F of the Findings of Fact v'hich occurred pelor to the date of execution hereof, PECO shall pay the sum of ten thousand dollars $10,000 to the "Common-wealth of Pennsylvania Clean Water Fund". Said payment shall be made by corporate check or the like and returned with the signed copies of this Consent Order and Agreement.
8.
In the event that PECO falls to comply with the terms and conditions of Paragraphs 1 through 3 hereof, PECO shallincur liability for the payment of penalties in an amount of two hundred dollars ($200) per day for each day of violation or part thereof. Failure to meet each compilance date shall constitute --___-
r y
separate violations. Said penalties shall be due and payable on or before the fifteenth day of each month succeeding the date of the violation's occurrence.
5 In the event that PECO falls to comply with the terms and condition of Paragrapht 9.
PECO shallincur liability for the payment of penalties in an amount of two hundred dollars ($200) for each violation of an instantaneous maxium effluent limitation contained in NPDES Permit NO PA0009733 for Outfall 501, one thousand dollars
($1,000) for each violation of a monthly average effluent Ilmitation contained in NPDES Permit No. P A0009733 for Outfall 501. Failure to comply with each effluent limitation shall constitute separate violations. Said penalties shall be f
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due and payable on or before the fife.m day of each month succeeding the date of the violation's occurrence.
twenty-eighth Nothing contained herein shall be construed to relieve or limit PECO's obligation 10.
to comply with the terms and conditions of any permit existing or hereafter; Issued by the Department, nor to relieve or limit PECO's obligation to comply with any Federal, State or locallaws.
Any oreach of this Consent Order and Agreement by PECO snallbe deemed a 11.
material breach, and in the event of such breach, the Department may, in addition to the remedies prescribed herein, proceed with any action to compel compliance with this Consent Order and Agreement. Nothing contained herein shall be con-strued to waive or limit the Department's right to institute any action for viola-tions of or to compel compliance with the laws of the Commonwealth.
The paragraphs of this Consent Order and Agreement shall be severable and 12.
should any part hereof be declared by a court of law or by the Environmental llearing Board to be invalid or unenforceable, the remainder shall continue in full force and effect between the parties.
If PECO falls to fully and timely comply with any of its obligations under this 13.
Consent Order and Agreement as a result of any act of God, riot, insurrection, war, pestilence, and which PECO by the exercise of reasonable diligence was unable to prevent, but specifically excluding the economic condition of PECO, then PECO shall be allowed an extension of time to perform its obligations equal to the delay resulting from such cause(s). PECO shallbe entitled to the benefits of this paragraph only if PECO notified the Department in writing within ten (10) days af ter the occurrence of the delay. Said notification shall set forth the cause(s) of the delay and all steps taken by PECO to mitigate the delay, including an documentation thereof.
14.
A.
All correspondence with the Department concerning this Consent Order and Agreement may be addressed to:
Compliance Specialist Bureau of Water Quality Management Department of Environmental itesources One Ararat Boulevard liarrisburg, P A 17110.=_._ _. _ - - - - _ _ - _
14.
B.
All correspondence with PECO concerning this Consent Order and Agreement may be addressed to:
Directo'r Environm9ntal Affa,les Philadalphia Electric Company 2301 Market Street <
Philadelphia, P A 19101 15.
This is the entire agreement between the parties. Prior draf ts of this Consent Order and Agreement shall not be used in any litigation involving interpretations of this Consent Order and Agreement.
16.
Any changes to this Consent Order and Agreement shallbe set out in writing as an amendment and signed by the parties hereto prior to becoming effective.
17.
The Agreement portion of this Consent Order and Agreement shall terminate upon PECO's compliance with the effluent limitations for Outfall 501 contained in NPDES Permit No. P A0009733 for six (6) consecutive months after the effective date of this Consent Order and Agreement, as evidenced by Department inspec-tions and PECO's Discharge Monitoring Reports. The Order portion of this Consent Order and Agreement shall remian in effect as an Order of the Department.
IN WITNESS WilEREOF, the parties hereto have caused this Consent Order and Agreement to be executed by their duly authorized representatives. This Consent Order and Agreement shall be effective as of the last da.e of signature by the parties.
FOR PillLADELPill A ELECTRIC FOR Tile COMM EALTil CF COMPANY P
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Da'tel Names D. M. S:nith Date
' eon M. Oberdick
Title:
Vice President, Regional Water Quality Manager Ppch Bottom Atonhc Power.St@ onllarrisburg Regional Office
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".^n;- bu wersu n Date Nameilugefe J.AssodiateGe/adley nerat Counsel 3/31/88 Assistant Counsel
Title:
dnler Date of last Signatory hereto
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