Hamden Consent Order

8/9/2019 Hamden Consent Order

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STATE OF CONNECTICUT :

ST AT E OF CONNE CT ICUTDEPARTM ENT OF ENVIRONM ENTAL PROTECTI ON

Date of Issuance August 6, 20!0

T O W N O F H A M D E NC O N S E N T O R D E R

A.W ith the agreement of Tow n of Ham den ("Respondent"), the Comm issioner ofEnvironm ental Protection finds:Responden t is a municipality which discharges stormw ater associated withindustrial activity from three separate and distinct facilities; the transfer stationlocated at Wintergreen Avenue, the public works garage located at 1125 ShepardAv enue, and the VO ED building located at 1255 Shepard Av enue, all in the Cityof Hamden, Connecticut ("stormwater discharges").Since O ctober t5, 2003, at the transfer station and the pub lic worlds garage, andsince January 14, 2004 at the VOED building, Respondents stormwaterdischarges have been cov ered under the General Perm it for the Discharge ofStormwater Associated with Industrial Activity ("Industrial Stormwater GeneralPermit") issued on October 1, 199 7, reissued on October 1, 2002, m odified July15, 2003, reissued October 1, 2007, reissued October 1, 2008 , and reissued April14, 2009 pursuant to Connecticut General Statute 22a-430b.Respon dent is required to monitor its stormwater discharges annually betw eenOctober 1st and September 30th in accordance with Subsection 5(c) of theIndustrial Stormwater General Permit Since October 1, 2004, Respondent failedto mo nitor its stormw ater discharges at the three facilities in accordance w ith theIndustrial Stormwater General Permit during the following periods: 2003-2004,2004-2005, 2005-2006, 2006-2007, and 2007-2008.

4. By v irtue of the above, Respon dent has violated a permit issued under 22 a-430bof the C onnecticut General Statutes.

B. With the agreement of Respondent, the Commissioner, acting under 22a-6, 22a-424,22a-425, 22a-427, 22a-428, 22a-430, 22a-430b, and 22a-438of the Connec ticut General Statutes, orders Respondent as follows:On or before sixty (60) days after the date of issuance of this consent order,Respondent shall prepare and implement a complete Stormwater Pollution

(Printed on Recycled Paper)79 Elm Street Hartford, CT 0610 6-5127www.ct.gov/depAn Equal O ppor tunity Employer


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2Prevention Plan ("SWPPP") in accordance with Section 5 of the IndustrialStormw ater General Perm it. Respondent shall subm it a signed certification forthe SWP PP , found in Attachment B of this consent order, to the Comm issionerwithin seven (7) days after plan preparation is complete.

2. On o r before one-hundred-tw enty (120) days after the date of issuance of thisconsent order, Respondent shall review its SWPPP and perform a ComprehensiveSite Comp liance Evalu ation in accordance with Section 5 of the IndustrialStormw ater General Perm it. Responden t shall use the form included inAttachm ent A to this consent order ("form") to assist in performing such rev iewand ev aluation.

3. W ithin thirty (30) days after the date Respondent performs the review a ndevaluation required under paragraph B .2., Respondent shall submit in w riting, forthe Comm issioners review, the comp leted form, a summary of findings fromRespondents review and evaluation, and a discussion of corrective ac tionsrequired and taken, including any updates or am endments to the StormwaterPollution Prevention Plan necessary to mak e such plan com plete or to otherwisecom ply with the general permit.

4. Full com pliance. Respondent shall not be considered in full com pliance with thisconsent order until all actions required by this consent order have been com pletedas approved and to the Co mm issioners satisfaction.5. Penalt~ R espondent agrees to the assessment of a civil penalty of $34,200 as thetotal civil penalty to be soug ht by the Co mm issioner for past violations describedin paragraph A .3. and A.4. of this consent order to be satisfied by the follow ing:

(a) Supplemental E nvironmental Project. Respondent has agreed to undertakethe following supplemental environmental project ("SEP") expenditure ofat least thirty-four thousand, two hundred dollars ($34,200), or makepayment(s) as follows:On o r before ninety (90) days after the date of issuance of thisconsent order, Respondent shall submit, for the Com missionersreview and w ritten approval, a proposal and schedule to implementthe recomm endations of the "Ridge Hill School Energy Initiative"(Attachmen t C). Within six (6) mon ths of the issuance of thisconsent order, Respondent shall complete such SEP and shallobtain any federal, state or local permit or approv al necessary tocarry out such SEP .

ii. If Respondent fails to fund the SE P in accordance with paragraphB.5.a.i. above, Respondent shall, instead of funding such SEP ,immediately pay an additional civil penalty in the am ount of$34,200 p lus $3,420. Responde nt shall pay such civil penalty inaccordanc e with the provisions of paragraph B.6. of this consentorder.


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iii. Respondent shall not claim or represent that any SEP paym entmade p ursuant to this consent order constitutes an ordinarybusiness expense or charitable contribution or any other type of taxdeductible expense, and Respondent shall not seek or obtain anyother tax benefit such as a tax credit as a result of the paymentunder this paragraph.If and when Respondent disseminates any publicity, including butnot limited to any press releases regarding funding a SEP ,Respondent shall include a statement that such funding is in partialsettlement of an enforcement action brought by the Com missioner.

Payment of penalties. Paym ent of penalties under this consent order shall bemailed or personally delivered to the Departm ent of Environm ental Protection,Bureau of F inancial and Support Services, Accounts Receivable Office, 79 ElmStreet, Hartford, CT 06106-5127, and shall be by certified or bank check payableto "Treasurer, State of Connecticut." The check shall state on its face, "MaterialsManagement and C ompliance Assurance, Water Permitting and EnforcementCivil Penalty, Consent Order No. 7gC5688 "Sampling and sample analyses. All sam ple analyses which are required by thisconsent order and all reporting of such sample analyses shall be condu cted by alaboratory certified by the Connecticut Dep artment of Public H ealth to conductsuch analyses. All sampling and sam ple analyses performed under this order shallbe performed in accordan ce with procedures specified or approved in writing bythe Com missioner, or, if no such procedu res have been spec ified or approved, inaccordance with 40 CFR 136. Unless otherwise specified by the Commissioner inwriting, the value of each parameter shall be reported to the max imum level ofprecision and accurac y specified in the applicable protocol, and if no such level isspecified, to the maxim um lev el of precision and accuracy possible.A~p.provals. Respon dent shall use best efforts to submit to the Comm issioner alldocum ents required by this consent order in a com plete and approvable form. Ifthe Com missioner notifies Respondent that any docum ent or other action isdeficient, and does n ot approve it with cond itions or m odifications, it is deemeddisapproved, and Respond ent shall correct the deficiencies and resubmit it withinthe time specified by the Com missioner or, if no time is specified by theCom missioner, within 30 days of the Com missioners notice of deficiencies. Inapproving any do cum ent or other action under this consent order, theCommissioner may approve the document or other action as submitted orperformed or with such con ditions or mod ifications as the Comm issioner deemsnecessary to can y out the purposes of this consent order. N othing in thisparagraph shall excuse noncompliance or delay.Definitions. As used in this consent order, "Com missioner" means theCom missioner or a representative of the C omm issioner. The date of"issuance"


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of any notice by the Commissioner under this consent order, including but notlimited to notice of approval or disapproval of any document or other action, shallbe the date such notice is deposited in the U.S. mail or is personally delivered,whichever is earlier. Except as otherwise specified in this consent order, the word"day" as used in this consent order means calendar day. Any document or actionwhich is required by this consent order to be submitted or performed by a datewhich falls on a Saturday, Sunday or a Connecticut or federal holiday shall besubmitted or performed by the next day which is not a Saturday, Sunday orConnecticut or federal holiday,

1 1 . Certification of documents. Any d ocum ent, including but not limited to anynotice, which is required to be submitted to the Com missioner under this consentorder shall be signed by Respondent or, if Respondent is not an individual, byRespondents chief exec utive officer or a duly authorized representative of suchofficer, as those terms are defined in 2 2a-430 -3(b)(2) of the Regu lations ofConnec ticut State Agencies, and by the individual(s) responsible for actuallypreparing such docu ment, and Respondent or Respondents chief executiveofficer and each such individual shall certify in writing as follows:"I have personally exam ined and am familiar with the information submitted inthis documen t and all attactnnents thereto, and I certify, based on reasona bleinvestigation, including my inquiry of those individuals responsible for obtainingthe information, that the submitted information is true, accurate and c omp lete tothe best of my knowledge and belief. I understand that any false statement m adein the submitted information may b e punishable as a criminal offense under 53a-157 b of the Connecticut General S tatutes and any other applicable law."

1 2 . Non com pliance. This consent order is a final order of the Com missioner withrespect to the matters addressed herein, and is nonappealable and im mediatelyenforceable. Failure to comply w ith this consent order may subject Respondent toan injunction and penalties.

13. False statements. Any false statement in any information submitted pursuant tothis consent order is punishable as a criminal offense under 53a-157b of theConnecticut General Statutes and any other applicable law.

1 4 . Notice of transfer; liability of Respondent. Until Respondent has fully compliedwith this consent order, Respondent shall notify the Co mm issioner in writing nolater than 15 days after transfening all or an y portion of the fac ility, theoperations, the site or the business w hich is the subject of this consent order orafter obtaining a new mailing or location address. Respondents obligations underthis consent order shall not be affected by the passage of title to any property toany other person or m unicipality.

1 5 . Comm issioners powers. Exc ept as provided hereinabove w ith respect to paymentof civil penalties, nothing in this consent order shall affect the Com missionersauthority to institute any proceed ing or take any other ac tion to prevent or abateviolations of law, prevent or abate pollution, recover costs and natural resource


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damages, and to impose penalties fo~past, present, or future violations of law. Ifat any time the Comm issioner determines that the actions taken by Responden tpursuant to this consent order have not successfully c orrected all violations, fullycharacterized the extent or degree of any po llution, or successfully abated orprevented pollution, the Comm issioner may institute any proceeding to requ ireRespondent to un dertake further investigation or further action to prevent or abateviolations or pollution.

1 6 . Respondents obligations under law. Nothing in this conseut order shall relieveRespondent of other obligations under applicable federal, state and local law.t7 . No assurance by Commissioner. No provision of this consent order and no actionor inaction by the Com missioner shall be construed to constitute an assurance bythe Com missioner that the actions taken by R espondent pursuant to this consentorder will result in comp liance or prevent or abate pollution.18. Access to site. Any representative of the Department of Environm ental Protection

may enter Respondents site or facility without prior notice for the purposes ofmon itoring and enforcing the actions required or allowed by this consent order.1 9 . No effect on rights of other persons. This consent order neither creates nor affectsany rights of person s or m unicipalities that are not parties to this consent order.20. Notice to Com missioner of changes. W ithin 15 days of the date Respondentbecomes aware of a change in any information submitted to the Commissionerunder this consent order, or that any such inform ation was inaccurate ormisleading or that any relevant information was om itted, Respondent shall subm itthe correct or omitted information to the Comm issioner.21. Notification of noncompliance. In the event that Respondent becomes aw are thatit did not or may not com ply, or did not or may not com ply on time, with anyrequirement of this consent order or of any docum ent required hereunder,Respondent shall im mediately notify by telephone the individual identified in thenext paragraph and shall take all reasonable steps to ensure that anynoncom pliance or delay is avoided or, if unavoidable, is minimized to the greatestextent possible. Within five (5) day s of the initial notice, Respondent shall snbm itin w~iting the date, time, and duration of the noncom pliance and the reasons forthe noncompliance or delay and propose, for the review and w ritten approval ofthe Commissioner, dates by which compliance will be achieved, and Respondent

shall comply with any dates which m ay be approved in w riting by theCommissioner. Notification by Respondent shall not excuse noncompliance ordelay, and the Comm issioners approval of any com pliance dates proposed shallnot excuse non com pliance or delay unless specifically so stated by theCommissioner in writing.22. Subm ission of documents. Any docum ent required to be subm itted to theCom missioner under this consen t order shall, unless otherwise specified in thisconsent order or in writing by the Com missioner, be directed to:


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Neal W illiamsDepartment of Enviromnental ProtectionBureau of M aterials Management and Com pliance AssuranceWater Perm itting and Enforcem ent Division79 Elm StreetHartford, Connecticut 06106-5127

Respondent c onsents to the issuance of this consent order without further notice. Theundersigned certifies that he/she is fully authorized to enter into this consent o rder and tolegally bind the Responden t to the terms and con ditions of the consent order.

BY:

Issued as a final order of the Comm issioner.

OrderNo. WC 5688DEP/WPC No.Town of HamdenLand Records


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A T T A C H M E N T CRIDGE HILL SCHOOLENERGY INITIATIVESCOPE OVERVIEW

The energy initiatives at Ridge Hill School will consist of a integratedstrategy to reduce overall energy consumption. The end result willcreate sustainable reductions in energy consumption through the useof various control strategies and efficiency technologies. Theexpanded implementation of conservation based measures coupledwith system wide-benefit programs.Below is a matrix of the energy systems and measures for facility:

R I D G E H I L LS C H O O L x X

HIGH-EFFICIENCY LIGHTING SYSTEM UPGRADESOverviewLighting upgrades will consist of over 2,200 ECMs the measures willconsist of the following; high-efficient fluorescent lamps T-8 systems,High Performance T-8 systems and low-power electronic ballasts;upgrading metal halide, mercury vapor, or high pressure sodiumfixtures to T-5 HO fixtures; existing T12 fixtures will be replaced witl~high-efficiency T-8 systems; replacement of incandescent fixtureswith compact fluorescent or LED fixtures; and the replacement ofincandescent exit signs with LED type; the use of occupancy sensorsor lighting controls, will also be installed to further enhance savingsand rebates on a per-unit basis. Select areas of lighting will beintegrated into the BMS for additional control capability.


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Note: CL&M requirements specify technology types eligible forincentives. Only specific High Performance lighting combinationsystems are eligible for rebate,Enerqy Conservation Measures

EXISTING NE W Quantitylx8 2L T12 Wrap lx8 4L T8 Wrap 617lx4 2L 34w T12 lx4 2L 28w T8 459Var, Incan. Lamp LED/Compact Lamp 471175-300w HID LED/Compact Fix. 1042x2/2x4 T12 2x2/2x4 T12 56Inc. Exit sign L E D E x it S i gn 38Misc,~ sensors, New 502

Energy iVianagement SystemOverviewThe implementation of a distributed Internet-enabled buildingautomation system, which wilt provide building controls of all majorenergy systems ( heating / cooling). The system will provide asoftware framework that will normalize the data and behavior ofdiverse devices, regardless of manufacturer or communicationprotocol, designed to enable seamless implementation.Controls will to be used for all inductive energy loads identified at thetime of audit and approved by CL&M standards. Such end uses aschillers, boilers, VAV zone dampers, heat pumps, - all HVACequipment, energy using equipment, and auxiliary devices could beoperated from the same system. Every control point will include thesoftware necessary for all supported equipment.The system will garneP data from various internal/external systemsinto uniform software components. These components form thefoundation for building applications to manage and control devices.The component model will focus primarily on data from the varioussystems to create a uniform data set for applications. The system willunify protocols and data from various systems, to integrate the entirebuild application.

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ECIVl CONTROL POINTSN O . Descr ipt ion QuaRt .

1 RTU E fan 1 -6 62 RTU Ecoi l 1-6 63 RTU Condensers 1-6 64 R T U P C B 125 D a m p e r A c tu a t o r s 316 T-Sta t Set Backs 43

H t Wa ter Hea ters se t7 back 68 Exhaust fans 199 Light ing load pts 910 Outs ide Air Sensors 611 boi ler co nt ro l ler 312 DR Contro l lers 12

The windows based application, offers several advantages. Designed totake full advantage of a multitasking environment necessary for DRaggregation, and will provide full data sharing capabilities. Data fromtrend log files can be pasted to other applications through the systemand integrate DR strategies. Energy Zones will use standard Windowsinterface, creating a user friendly application. When a controller isconnected to the system it is identified and auto-configures theequipment based on the equipment schedule switch setting.


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REAL-TIME ENERGY INFORMATION SYSTEMOVERVIEWA Real-Time energy monitoring infrastructure will be implemented ateach designated facility. This system will provide the basis fordeveloping overall control strategies, used to validate the savingsresults from ECMs, and provide the core baseline for DemandResponse program participation. This system will also be instrumentalin the emerging "Time of Use" rate tariffs. The need to understandyour facilities and proactively determine energy use patterns arecritical. Through the various modeling and reporting capabilities of thesystem software, we could enhance control strategies on an on-goingb a s i s .All Demand Response location will be equipped with a RTIS modulethat will meet all ISO- NE"IBCS" program requirements. The systemwill be used to validate Demand Reduction during ISO events.

Documents

Hamden Consent Order