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December 9, 2014 <br />Discussion: <br />�ommonwealth The City of Portsmouth has a stormwater permit that is administered by the <br />of Virginia and enforced by both the State and the EPA. This permit <br />governs discharges from the MS4 to waters of the State and imposes certain <br />operational and reporting requirements on those systems. <br />• During each permit cycle, the EPA and its regulatory partners conduct a <br />compliance inspection to evaluate the components of the local stormwater program as it <br />relates to the permit. <br />• After our inspection, the EPA completed its program evaluation and provided a <br />report to the City of Portsmouth on June 25, 2013. The City provided a response to <br />report on August 9, 2013. EPA released its final report on September 6, 2013. <br />�ityThe Administrative Penalty Order (APO) was received on August 15, 2014. The <br />has been in negotiations with the EPA since the receipt of the APO. <br />• As a result of the negotiations, the EPA has agreed in principle to a proposed <br />settlement that includes five modifications to the stormwater program plan and a <br />reduction in the civil penalty. The modifications to the stormwater program plan are <br />activities that staff was either already pursuing or considering for the upcoming <br />stormwater permit. <br />�onsent The settlement will be confirmed and implemented by two agreements, a <br />Order and Final Agreement and an Administrative Order for Compliance on <br />Consent. <br />Financial Impact <br />• The civil penalty has been reduced from $50,000 to $25,000. <br />• Funding is available in the VPDES Permit Compliance budget line in the <br />Stormwater CIP. <br />Recommended Action: <br />• Adoption of the resolution. Vision Principle. Efficient, Responsive Government. <br />Next Steps Following Council Action: <br />• Finalize negotiations with EPA and follow steps outlined in agreement. <br />Motion by Mr. Moody, and seconded by Mr. Meeks, to adopt the following <br />resolution, and was adopted by the following vote: <br />"RESOLUTION CONSENTING TO THE SETTLEMENT OF AN ADMINISTRATIVE <br />COMPLAINT BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY <br />REGION III AGAINST THE CITY OF PORTSMOUTH. <br />WHEREAS, the City of Portsmouth has a stormwater permit that is administered <br />by the Commonwealth of Virginia and enforced by both the Commonwealth and the <br />Environmental Protection Agency (EPA). This permit governs discharges from the MS4 <br />to waters of the Commonwealth and imposes certain operational and reporting <br />requirements on those systems; and <br />WHEREAS, in June 2012, the EPA and the Virginia Department of Conservation <br />and Recreation conducted an inspection of the City's Municipal Separate Storm Sewer <br />(MS4) Program; and <br />WHEREAS, after the inspection, the EPA completed its program evaluation and <br />issued a final report in September 2013 after consultation with the City; and <br />WHEREAS, as a result of the findings outlined in the final report a proposed <br />Administrative Penalty Order was issued in August 2014, and a final draft APO has <br />been negotiated by the City and the EPA; and <br />WHEREAS, as a result of its discussions with the City, the EPA has agreed in <br />principle to a proposed settlement that includes five modifications to the City's <br />stormwater program plan and a reduction in the civil penalty to $25,000 from $50,000; <br />and <br />