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Ecology Edmonds Park Apartments~Admin Order~10412~12-17-13.pdfSTATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office a 3190 160th Ave SE a Bellevue, WA 98808-5452 • 425-649-7000 711 for Washington Relay Service a Persons with a speech disability can call 877-833-6341 December 17, 2013 Mr. Christopher T. Benis Edmonds Park Associates, LLC 21014"' Avenue #1900 Seattle, WA 98121 Mr, Ray Russo Edmonds Park Associates, LLC PO Box 19438 Seattle, WA 98109 Ms. Renee Russo Metropolitan Management Company PO Box 19438 Seattle, WA 98109 Ms. Linda Russo Edmonds Park Associates, LLC PO Box 19438 Seattle, WA 98109 Order Docket No. 10412 Site Name/Location Edmonds Park. Apartments, 424 31 Avenue South, Edmonds, WA 98020 Re: Administrative Order Dear Mr. C. Benis, Ms. R. Russo, Mr. R. Russo, and Ms. L. Russo: The Department of Ecology (Ecology) has issued the enclosed Administrative Order (Order) re@iring Edmonds Park Associates, LLC and Metropolitan Management Company to comply with: 6 Chapter 90.48.080 Revised Code of Washington (RCW) — Discharge of polluting matter in waters prohibited. If you have questions please contact Shawn McKone at (425) 649-7037 or shawn.mckone@ecy.wa.gov. Sincerely, i4Kevin C. Fitzpatrick ' Water Quality Section Manager Northwest Regional Office Enclosures: Administrative Order No. 10412 By Certified Mail No.: Mr. Christopher T. Benis: Ms. Renee Russo: Mr. Ray Russo: Ms. Linda Russo: 7008 1140 0000 2359 8787 7008 1140 0000 2359 8794 7008 1140 0000 2359 8800 7008 1140 0000 2359 8817 cc: Shawn McKone, Municipal Facility Manager, Ecology Mark Henley, Municipal Unit Supervisor, Ecology Biniam Zelelow, Industrial Enforcement Coordinator, Ecology Central Files, Edmonds Park Associates LLC (Ray. Russo, Linda Russo, Christopher T. Benis), Metropolitan Management Company (Renee Russo), City of Edmonds (Public Works Dept.), WQ 6. o ro STATE OF WASHINGTON DEPARTMENT OF ECOLOGY IN THE MATTER OF AN ADMINISTRATIVE ORDER AGAINST EDMONDS PARK ASSOCIATES, LLC METROPOLITAN MANAGEMENT COMPANY To: Mr. Christopher T. Bevis Edmonds Park Associates, LLC 21014 1h Avenue #1900 Seattle, WA 98121 Mr. Ray Russo Edmonds Park Associates, LLC PO Box 19438 Seattle, WA 98109 ADMINISTRATIVE ORDER DOCKET NO. 10412 Ms. Renee Russo Metropolitan Management Company PO Box 19438 Seattle, WA 98109 Ms. Linda Russo Edmonds Park Associates, LLC PO Box 19438 Seattle, WA 98109 Order Docket No. 10412 Site Name/Location Edmonds Park Apartments, 424 3r Avenue South, Edmonds, WA 98020 The Department of Ecology (Ecology) has issued this Administrative Order (Order) requiring Edmonds Park Associates, LLC and Metropolitan Management Company to comply with: • Chapter 90.48.080 Revised Code of Washington (RCW) -- Discharge of polluting matter in waters prohibited. RCW 90.48.080 reads: "It shall be unlawful for any person to throw, drain, run, or otherwise discharge into any of the waters of this state, or to cause, permit or suffer to be thrown, run, drained, allowed to seep or otherwise discharged into such waters any organic or inorganic matter that shall cause or tend to cause pollution of such waters according to the determination of the department, as provided for in this chapter." This Order is issued pursuant to the authority vested in Ecology by the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. sec 1311, et seq. and Chapter 90.48 RCW. RCW 90.48.030 allows Ecology to have the jurisdiction to control and prevent the pollution of streams, lakes, rivers, ponds, inland waters, salt waters, water courses, other surface and underground Waters of the state of Washington, "Other surface waters" includes wetlands and marshes. RCW 90.48.120(2) authorizes Ecology to issue administrative orders requiring compliance whenever it determines that a person has violated or created a substantial potential to violate any provision of Chapter 90.48 RCW or fails to control the polluting content of waste to be discharged to waters of the state. Administrative Order No. 10412 -- Edmonds Park Associates, LLC and Metropolitan Management Company Page 2 of B -DE V INATIOI� OF V1101L 0IV(s) A�tD ORDER TO -C, OWL Ecology's determination that violations have occurred is based on the incidents listed below. Violations description: On May 24, 2012, the City of Edmonds reported that a sewage pump station at the Edmonds Park Apartments, located at 424 3rd Avenue South, Edmonds, WA 98020, malfunctioned the afternoon of May 23; 2012. The pump station failure resulted in an overflow of an unknown volume of untreated sewage that traveled through the paved parking lot for the apartment complex and into a stormwater catch basin. The City's stormwater program manager reported that the storm drainage into which the raw sewage entered discharges into Edmonds Marsh and Shellabarger Creek. Ecology documented the spill in the Environmental Reports Tracking System as ERTS ##634097. On September 5, 2013, the City of Edmonds reported a failure of the sewage pump station at the Edmonds Park Apartments. The City's inspector reported that an apartment resident notified the City of the overflow on September 3, 2013. The City's investigation revealed that the overflow started on August 29, 2013. The City's inspector documented that sewage again flowed from the pump station, across the parking lot, and into the storm drainage system that discharges to Edmonds Marsh and Shellabarger Creek. Ecology documented the spill as ERTS #643653. Additional Violations: The above incidents represent a continuing pattern of violations at the Edmonds Park Apartments. Ecology's ERTS database contains additional reports of similar raw sewage discharges from pump station failures at the Edmonds Park Apartments that resulted in (or may have resulted in) discharges to Shellabarger Creek and Edmonds Marsh. The incident, dates and corresponding ERTS numbers are shown below: ERTS # 537212, November 4, 2003 ERTS # 626052, April 7, 2011 ERTS # 626888, May 23, 2011 ERTS # 627782, July 5, 2011 Responsible Parties: Edmonds Park Apartments is located at 424 3rd Avenue South in the City of Edmonds and County of Snohomish, Washington. The Snohomish County Assessor's Office identifies this property as parcel number 27032600101200 and lists Edmonds Park Associates, LLC as the property owner. The Washington Secretary of State's Corporations Division identifies Christopher T. Benis as the registered agent for Edmonds Park Associates, LLC. Ray Russo and Linda Russo are identified as governing members of the partnership. The City's records identify Metropolitan Management Company as the property manager for the Edmonds Park Apartments. Corrective actions required: For these reasons and in accordance with RCW 90.48.120(2), it is ordered that Edmonds Park Associates, LLC and. Metropolitan Management Company take the following actions. These actions are required at the location known as Edmonds Park Apartments located at 424 3rd Avenue -South, Edmonds, WA 98020. Administrative Order No. 10412 — Edmonds Park Associates, LLC and Metropolitan Management Company Page 3 of 6 1. Develop an inspection program for the existing pump station that is acceptable to Ecology by January 15, 2014. By January 15, 2014, the Owner shall submit an inspection program for the existing pump station to Ecology for review and approval. The program must include a schedule that identifies the frequency of inspections of the sewage pump station that the owner or their representative will conduct. Inspections shall include, but arc not limited to, visual verification of pump operation, verification of float switch operation, verification of alarm operation, and cleaning of pump station components. The program must also include procedures the Owner or their representative will take to contain and clean up overflows from the pump station and to correct pump failures. In addition, the program must include an outreach and education component that provides residents with information on steps they can take to reduce the risk of damage to the sewage pump station. The Owner must document compliance with the approved inspection program by submitting monthly reports to Ecology. 2. Evaluate integrity of the existing sewage pump station and submit a diagnostic report to Ecology for review and approval by March 1, 2014. By March 1, 2014, the owner must submit a detailed evaluation report on all mechanical, electrical, and structural components of the existing sewage pump station to Ecology for review and approval. The evaluation must be completed under the supervision of an engineer licensed in the State of Washington that has a minimum of 5 years of experience in conducting diagnostic evaluations of residential grinder pump systems. The evaluator must use design standards presented in section C1-10.1 of the current edition of Ecology's Criteria for Sewage Works Design (Orange Book) guidance document and the City of Edmonds Regulations for Private Residential Sewage Pumps in Edmonds (Development Information Document 4E61) as baseline standards for the analysis. If the documents present different standards, the evaluator will use the more stringent standard. The report must, at a minimum, document the following: Assessment of the physical condition of the pumps, including macerators, impellers, motors, wiring, housings, and check valves. Determine whether equipment is at or near the end of its useful life and whether equipment can be refurbished (if refurbishing is deemed necessary by the evaluator) or needs to be replaced. The pumping equipment shall be considered to be at the end of its useful life if the evaluator cannot identify a source of replacement parts that can be delivered within 24 hours of ordering. The condition of the pump station control system, including float switches, electrical relays, alarms, switches, and the control cabinet. The evaluation must assess whether or not the alarm system complies with current standards for audible and visual alaiYn notification and annunciation, including an autodialer to notify a person designated by the owner to be responsible for emergency response. The system controls must also be assessed compared to an appropriate NEMA -rated locking enclosure that prevents access by unauthorized persons. The control system must also include e -plugs for connecting the system to a portable electrical generator. The structural integrity of the pump vault and rails. Determine whether pump rails provide appropriate support and allow for easy removal of pumps. Determine whether vault structure shows signs of deterioration and is free of leaks. Assess whether the wet well capacity is appropriate for the service based on currently acceptable sizing criteria (population served, flow rates, motor staiUstop cycles, etc.). Administrative Order No. 10412 - Edmonds Park Associates, LLC and Metropolitan Management Company Page 4 of 6 • Proposed schedule for any rehabilitation or replacement work deemed necessary by the evaluator. • Identify any permitting or construction logistics constraints that impact the Owner's ability to schedule repairs or replacement of the pump station. 3. Begin work on pump station repairs or replacement by April 15, 2014. The Owner will begin implementing corrective actions identified in the approved diagnostic report by April 15, 2014. The Owner will acknowledge the start of the project by submitting a letter to Ecology of the name of the contractor(s) performing required work and the date they started work. Ecology may allow an extension of this date if the diagnostic report identifies permitting or logistical constraints that prevent the Owner from meeting this start date. 4. Complete sewage pump station repairs or replacement work by August 1, 2014. The Owner will complete all repairs or replacement work recommended in the approved diagnostic report by August 1, 2014. The Owner will acknowledge completion by submitting a letter to Ecology that identifies the completion date and includes copies of invoices that describe work completed by the contractor(s). Ecology may allow an .extension of this date if the diagnostic report identifies permitting or logistical constraints that prevent the Owner from meeting this start date or if the schedule presented in the approved diagnostic report demonstrates that work cannot be completed by this date. 5. Submit revised operations and maintenance manual for the rehabilitated or replacement sewage pump station by August 15, 2014. By August 15, 2014, the Owner must submit to Ecology and the City of Edmonds a copy of the detailed operations and maintenance practices that will be conducted to ensure reliable functioning of the rehabilitated/new sewage pump station. The manual must include detailed descriptions of standard operating procedures for all components, schedules for manufacturer recommended maintenance of components, spare parts list with detailed manufacturer catalog/specification information, and emergency response procedures that on-site staff will follow in response to alarms and power outages. The manual must also identify the name of a vendor or contractor the Owner will use for emergency repairs of the system along with the name and phone numbers of persons within the Owner's organization that will receive notification of alarms by the system's autodialer. Upon approval of the revised manual by Ecology, the Owner will incorporate this manual into the operations and maintenance inspection program developed in task 1. Ecology has determined the violation(s) described in this Order are not paperwork violations under RCW 34.05.110 and therefore you are not eligible for a waiver for a first-time paperwork violation. Failure to comply with this Order may result in the issuance of civil penalties or other actions, whether administrative or judicial, to enforce the terms of this Order. Administrative Order No. 10412 -- Edmonds Park Associates, LLC and Metropolitan Management Company Page 5 of 6 You have a right to appeal this Order to the Pollution Control Hearing Board (PCHB) within 30 days of the date of receipt of this Order. The appeal process is governed by Chapter 43.2113 RCW and Chapter 371-08 WAC. "Date of receipt" is defined in RCW 43.21B.001(2). To appeal you must do both of the following within 30 days of the date of receipt of this Order: • File your appeal and a copy of this Order with the PCHB (see addresses below). Filing means actual receipt by the PCHB during regular business hours. • Serve a copy of your appeal and this Order on Ecology in paper form - by mail or in person. (See addresses below.) E-mail is not accepted. You must also comply with other applicable requirements in Chapter 43.21B RCW and Chapter 371-08 WAC. Your appeal alone will not stay the effectiveness of this Order. Stay requests must be submitted in accordance with RCW 43.21B.320. Department of Ecology Attn: Appeals Processing Desk 300 Desmond Drive SE Lacey, WA 98503 Pollution Control Hearings Board 1111 Israel Road SW STE 301 Tumwater, WA 98501 Please direct all questions about this Order to: Shawn McKone Municipal Facility Manager Department of Ecology - NWRO 3190 160th Avenue SE Bellevue, WA 98008-5452 Phone: (425) 649-7037 Email: shawn.mckone@egy.wa.gov Department of Ecology Attn: Appeals Processing Desk PO Box 47608 Olympia, WA 98504-7608 Pollution Control Hearings Board PO Box 40903 Olympia, WA 98504-0903 -- Administrative Order No, 10412 — Edmonds Park Associates, LLC and Metropolitan Management Company Page 6 of 6 • Pollution. Control Hearings Board Website: www.eho.wa.gov/Boards—PCHB.aspx • Chapter 43.21B RCW - Environmental and Land Use Hearings Office — Pollution Control Hearings Board: http://apps.leg.wa.gov/RCW/default.aspx?cite-43.21B • Chapter 371.-08 WAC — Practice And Procedure http://apps.leg.w'a.gov/WAC/default.aspk?r-itc=371-08 • Chapter 34.05 RCW — Administrative Procedure Act http://apps.leg.wa.gov/RCW/default.aspx?cite=34.05 • Laws: www.ecy.wa.gov/laws-rules/ecyrew,html • Rules: www.ecy.wa.gov/laws-rules/ccywac.html S-IC�ATUf� _ Ke. 'n C. Fitzpatrick Water Quality ScctiorU4anager Northwest Regional Office Date