City NOV letter 9-12-13.pdf
CITY OF EDMONDS
DAVE EARLING
MAYOR
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121 5 AVENUE NORTH EDMONDS, WA 98020425-771-0220FAX 425-672-5750
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Website: www.edmondswa.gov
PUBLIC WORKS DEPARTMENT
Engineering Division
September 12, 2013
Metropolitan Management Company
PO Box 19438
Seattle, WA 98109
Subject: Illegal Discharge of Raw Sewage into Shellabarger Creek/Edmonds Marsh
To Whom It May Concern:
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Ave S. was brought to the City of Edmonds attention on September 3, 2013. Upon inspection by
the City of Edmonds, it was determined that the source of the raw sewage that entered
Shellabarger Creek and Edmonds Marsh was the sewage lift station that serves the
aforementioned address, an apartment building managed by Metropolitan Management Company.
It was also determined that the spill started on August 29, 2013 and was likely overflowing until
the City notified the management company of the illegal discharge on September 3, 2013.
According to our records, this is the fourth such incident in the past two years.
The discharge of untreated wastes to Waters of the State (Edmonds Marsh) constitutes a violation
of Edmonds City Code Chapter 7.200 and is subject to enforcement actions. Payment of a fine of
up to $500 a day to cover administrative and remediation costs associated with this violation is
authorized in accordance with Edmonds City Code 7.200.150. Because this event occurred over a
six-day period, and because the required Best Management Practices have not been implemented
(i.e., daily inspections of property, including drains and mechanical equipment, see enclosed
letters), a fine of $3,000 has been assessed.
Since this was a discharge of wastewater from a private property to Waters of the State, the City
has notified the state Department of Ecology of this event. Under state law, it is the responsibility
of the generator of the spill to clean up the spill and work with the Department of Ecology on any
further necessary actions. You may be contacted by a Department of Ecology representative
separate from this letter regarding this illegal discharge and if found to violate state laws, you may
be subject to fines of up to $10,000 per day.
The Snohomish Health District has also been notified of this event. Since the presence of raw
sewage on the ground outside of the apartment building may constitute a public health risk, the
responsible party may be subject to enforcement action by the County Health District. The
County Health District has sent a Notice of Violation letter describing any actions that might be
taken by them.
In addition to the fine the City requests that a full diagnostic evaluation of the entire sewage
pumping system (including but not limited to pumps, seals, pipes, controllers, floats, panels,
Metropolitan Management Co.
September 10, 2013
Page 2
alarms, and structures) at the referenced address be performed by a professional engineer to
diagnose this unacceptable recurring discharge of raw sewage. This evaluation should be
October 11, 2013
completed by . Once the evaluation has been completed, a corrective action
plan must be developed, and the results and corrective action plan must be submitted to the City
and the Department of Ecology for review. Once approved, the plan must be implemented within
30 days of approval.
If we do not receive a payment of the fine, and documentation that the diagnostic evaluation is
September 30, 2013
underway, by , additional enforcement action will be implemented. Also, if
the evaluation is not completed and sent to the City by October 11, 2013, additional enforcement
action will be implemented. Note: Resolving this issue with the City of Edmonds does not
relieve the owner of the responsibility of resolving this issue with the state Department of
Ecology or the Snohomish Health District.
I cannot emphasize more the urgency of this issue and the seriousness of the negative effects
repetitive raw sewage spills can have on public and environmental health. If you have any
questions regarding this information, please feel free to contact Mike Cawrse at 425-771-0220,
extension 1322.
Sincerely
Jerry Shuster, P.E.
Stormwater Engineering Program Manager
cc: Mike Thies, Code Enforcement
Jim Waite, Water/Sewer Manager
Mike Johnson, Stormwater Division Lead
Mike Cawrse, Stormwater Technician
Shawn McKone, Department of Ecology
Brad Ball, Snohomish Health District