WILLMAR -- The Willmar Municipal Utilities will pay an $18,000 civil penalty to settle a federal claim that the utilities violated its plan regulating the accidental release of extremely hazardous substances.
The Municipal Utilities Commission on Monday voted to pay the penalty. Under a settlement with the U.S. Environmental Protection Agency, the utilities neither admits nor denies any allegations or conclusions of law as stated in a consent agreement and final order.
The EPA requires owners or operators of stationary sources at which a regulated substance is present to prepare and implement a risk management plan to detect and prevent or minimize accidental releases of substances from the stationary source -- in this case, chlorine at the city's water treatment plant.
Utilities General Manager Mike Nitchals told the commissioners that no release of chlorine actually occurred. He said the issue revolved more around bookkeeping, record keeping and the language used by a former consultant who prepared the utility's risk management plan.
On June 21, 1999, the utilities submitted a risk management plan for its water chlorination process. On Sept. 13, 2003, the EPA inspected Willmar's facility to determine compliance with the plan. On June 15, 2004, the utilities submitted a revised risk management plan to EPA as required by law.
ADVERTISEMENT
On Nov. 8, 2004, the EPA issued a finding of violation. On Dec. 20, 2004, the utilities submitted a response. On June 28, 2005, EPA offered Willmar a chance to negotiate the settlement, rather than settle the matter in court. The EPA said both sides agreed that a negotiated settlement was in the public interest and that avoiding litigation was the most appropriate means of resolving the matter.
Nitchals said he thought the utilities did a commendable effort and filed the plan on time. "We thought we did the plan in good faith,'' he said. Nitchals said EPA appeared unannounced to conduct its audit, and he said EPA's original penalty of $39,000 seemed very large.
"We didn't think it was right to pay,'' he said. Settling the dispute in court would have been expensive, he said.
The utilities accepted EPA's offer to negotiate, and City Attorney Richard Ronning engaged in discussion with an EPA attorney.
In an interview, Nitchals said the violation notice was disappointing because the utilities thought it had complied with the nature of the requirements.
"But it was certainly a lesson very well learned that we need to make sure we're in compliance before we assume that,'' he said. "When we prepared the submission, we made some assumptions about what was accepted, and unfortunately it was not what EPA felt was reasonable and acceptable.''
In other business, the commission:
- Approved the $120,104 bid from Thomas and Betts Corporation of Memphis, Tenn., to provide four structures for relocating the west-side 69,000-kilovolt power line. The line will be moved from its location near the new airport to a location across the present airport after the present airport is closed and the new airport opens.
ADVERTISEMENT
- Voted to advertise for bids to replace the roof on the southwest water reservoir. Bids will be received no later than Dec. 8. Nitchals said the project has been discussed "for quite some time.'' Replacement will begin in February and be completed in late summer. The estimated cost is $700,000. Proceeds from a bond sale will finance the project, he said.
- Voted to request the City Council place a lien against 10 properties for non-payment of utility bills totaling $2,005.
- Approved revisions to the personnel policy and procedures manual. The utility has had a personnel policy for the past 20 years, and it was last updated in 1997.
