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Good morning. Call meeting to order. Summary, please roll call. Summary, Kata. Here? Scott,

2
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going in? Here? Deb Hankins, I do not see her yet. Russell Wilson. Here? Thomas Ryan. Here?

3
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Okay, you have a quorum. All right, since we got roll call done, item two, minutes. Consider

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approval of minutes of environmental enforcement board, special meeting of June 22nd,

5
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Okay, 2026 and reconvening meeting of June 23 and 24, 2026.

6
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Motion to approve.

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29.

8
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No.

9
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Second.

10
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Any motion?

11
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I'm motionless.

12
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Thank you.

13
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Any discussions?

14
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Okay.

15
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I got a question.

16
00:00:56,840 --> 00:01:00,340
I think if you go to 29 minutes

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of 29, can you open please?

18
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The

19
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minutes from the 29th, it

20
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might be a typo. I just wanted to clarify the

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end. Number 12, it says consider a motion to enter recess until June 23th, 2026. Is that the typo?

22
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No, because that was from the original agenda, so we were through the special meeting and the two raking bean meetings, we were following along the original agenda.

23
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So that was an item from as it was stated in the original agenda. So I don't know, Mandy, do you think there's a different way that should have been?

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I

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think it's appropriate, we went past the original two days that we had originally scheduled it, which is why we had the reconvening meeting on the 29th, and the number 12 is just adjourning the end of the meeting instead of reconvening into another day.

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Okay.

27
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It's all good.

28
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Okay.

29
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Casual ballot passes

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4-0.

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Item 3, execute a session, consider convening into the executive session upon recommendation

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of the board's attorney, pursuant to 25 Oklahoma Statue 307-B4 and the city of Enid code

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8-3-H-1-C to conduct confidential communication between the board and its attorney concerning

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pending action, where the board with

35
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the advice of its attorney determines that disclosure

36
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would seriously impair its ability to process the process proceedings in the public interest,

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specifically for the purpose of receiving legal advice and deliberating at the conclusion

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of the trial DNOO, hearing held in appeal of notice of violation order number NOV001

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and related administrative order issued to mid-con and packaging ink and reconvened into

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special session to announce its decision in the form of written findings.

41
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Do I have a motion?

42
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I will make a motion for to go into executive session.

43
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Second.

44
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All right.

45
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Cast your ballot.

46
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Practice 5-0.

47
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We're going to be downstairs on the lower level conference room

48
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for executive session today, guys.

49
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Do I have a motion to reconvene into the regular session?

50
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I'll motion to reconvene.

51
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I'll second it.

52
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All right.

53
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Cast your ballot.

54
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So do we need to continue?

55
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We need a motion to continue.

56
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Motion to continue.

57
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It will need to have date.

58
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date, time, place.

59
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Okay, so I will motion to reconvene tomorrow, August 10th, 10, August 11th.

60
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I apologize, tomorrow, August 11th at 10 a.m., here, the Council Chambers?

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Yep, okay.

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Second.

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All right, cast your ballot.

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Have any discussion?

65
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All right.

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Passes 5-0, so we'll reconvene in tomorrow at 10 o'clock.

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Yes.

68
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Okay.

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Two o'clock.

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All right.

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Item five.

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Public comments?

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Public comments is held to the end of the...

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Oh, okay.

75
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We haven't finished the second session.

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The second session.

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We'll pick up public comment tomorrow after we've finished the second session.

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Perfect.

79
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Okay.

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Okay, then it's an adjourn, I guess.

81
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All right, motion, do I have a motion to adjourn?

82
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Are we adjourning?

83
00:05:33,320 --> 00:05:35,220
We're continuing, we're continuing, so we're adjourned.

84
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We've already had a motion to continue the meeting.

85
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We're good to go.

86
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Yeah, cool.

87
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Yep.

88
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Go try again now.

89
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All right,

90
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do I have a motion to read, can we?

91
00:05:51,610 --> 00:05:53,110
We'll make a motion to read, can we?

92
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All right, I'll second.

93
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Ask your ballot.

94
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It passes 4-0.

95
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No?

96
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Do we need roll call?

97
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Okay.

98
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Just making sure.

99
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No.

100
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I don't think so.

101
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We don't.

102
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You're just going to...

103
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No, we're just...

104
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She's just going to note that, um,

105
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Paul is not at the reconvene meeting.

106
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Okay.

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All right.

108
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Do I have a motion to reconvene in two?

109
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I will make a motion to reconvene in two executive sessions.

110
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I second it.

111
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All right.

112
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Cast your ballot.

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passes 4.0. So do

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I have a motion to reconvene? Make a motion to reconvene?

115
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I'm seconded.

116
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Cash your ballot.

117
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Oh, sorry.

118
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Cash your ballot.

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Passes 4.0.

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And then we'll look for a motion on the order.

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Okay.

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Then now we get the final order.

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Okay, the control.

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Yep, now he needs to open the document.

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Right.

126
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Can you get that order pulled up?

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Findings of fact, conclusions of law and order of the city of A&ED, Environmental Informants Board.

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The abost-lated matter came on the hearing before the city of A&ED, Environmental Environment Board hearing after called board.

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for mid-content packing here in after called mid-content appeal of the city of

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Enix here in after city of city. Notice of violation NOV 001 issued July 22nd

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2025. It's administrative order issued November 21, 2025 and its amendment

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administrative order issued March 16, 2026.

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Pursuant to the city of Init Code of Ordnances 8-3H-1C, this appeal to board was conducted

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as a trial denoval.

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Pursuant to Init Code of Ordnance 8-3H-1, the board consists of the

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the city's Code Official, the city's Director of Engineering Services, two

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representative from among holding permits from the city as significant

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industrial users, SIU and a resident member.

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The board is chaired by

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Director of Engineering Moralikata, the city Code Official, Jesus Scott Gornet, the

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The board is subjected to Oklahoma Open Meanings Act, the board convened for three day

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Today, evidently hearing on June 22nd, 2026, June 23rd, 2026, and June 29th, 2026.

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A public meeting notice was posted for June 22nd and June 23rd meetings.

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A separate public meeting notice was posted for the continuation of the hearing on June 29th,

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2026.

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6. A quorum of board was presented throughout all the portions of the hearing. The city

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appeared by and through its council of record, Kaley Maddy, Davis and Tom Ferguson. The

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respondent, the mid-connants appeared by and through its council of record Mark Walker

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and Hank Heron. Prior to the evidentiary hearing, the board considered mid-connince motion

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to continue. The city's response, the mid-continent's reply, the motion to continue was denied

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and the matter proceeded to hearing.

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%2e needs code of ordinance 8-3h-1c provides that written findings will be made at the conclusion

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of each hearing and deliberations will occur in executive session, thereafter the board convened

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in properly noticed meeting on August 10, 2026 and deliberated in executive session. The August 10,

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2026 meeting of board was continued to August 11, 2026 to allow for additional deliberation

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in executive session. During his executive session at the August 10 and August 11 meeting,

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the Board examined and pleading and considered all the evidence and arguments presented by

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Council during the evidentiary hearing. Upon leaving executive session, the Board convened

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the open public meeting and cast votes regarding the adoption of findings of the fact. Conclusion

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of law and final order as a reflection hearing.

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Findings of fact, the city owns and operates a public owned treatment works POTW, also referred

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to the referred to as the Water Reclamation Facility, WRF, which treats wastewater

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from residents, business and industrial industries before discharging treated effluent to skilled

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which water entering to POTW contains contaminants that must be removed through discharge,

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including ammonia, phosphorus, suspended solids, organic matter, material and other pollutants.

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Influent samples were influence samples are evidence of what entered into the plant.

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Influent water is what the biomass would be exposed to,

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subject to flow rate, basin volume and hydraulic retention time.

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The ENIT water reclamation facility, WRF, includes both physical treatment process and

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biological treatment process.

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The biological treatment process relies on biomass that includes bacteria and high life forms,

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but bacteria are primarily responsible for facilitating the treatment process to remove

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pollutants from wastewater before discharge.

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The E-N-W-R-F can be discharged as the act can be described as activated sludge treatment

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system because it uses active biomass and living organisms to treat wastewater.

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The primary treatment includes physical process such as screening, grit removal and gravity

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settling, while the secondary treatment includes biological treatment process.

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Because the activator sledge treatment relies on biological convening conversion of soluble

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organic material into biomass by microbial population and that

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Nitrification requires functioning ammonia oxidizing and nitrate nitrite oxidizing bacteria under aerobic conditions.

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Nitrification is biologically facilitated process in which ammonia is converted into nitrate and then nitrate.

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organisms and grow more slowly than heterotrophic bacteria.

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There are more sensitive than many other microorganisms present within the

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activated slash process. Once damaged are inhibited, they require

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significant time and effort to restore.

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Inhibitation process, inhibition reduces treatment rate while toxicity

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more directly relates to no treatment.

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Loss of inhibitation of nitrifying bacteria results in increased effluent ammonia.

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Ammonia is present in in its WRF, Influent and ESA, necessary nutrient for biological

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growth.

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Ammonia can be a pollutant of concern if discharged into the receiving stream.

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Ammonia distorts to a receiving stream can contribute to a algae problem, algae blooms,

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oxidation, oxygen depletion and fish kills in that ammonia itself can be toxic to fish

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and other aquatic species.

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Organic material, removal is important because oxygen demanding substance distorts to a receiving

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streaming stream can deplete dissolved oxygen and cause fish kill.

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Fast-for-rested removal at the in-it water reclamation facility also depends on biological

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activity including phosphate accumulating organisms.

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Disruption to the activated sludge process may adversely affect fast-for-rested removal,

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flock, formation, solid settling, sludge quality, and overall efficiency effectiveness of

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the treatment process.

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Quaternary ammonium compounds here in Cal Quack are used as disinfectant surfants in industrial

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cleaning products. Quack compounds disrupt bacterial cell membrane which is the disinfecting

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mechanism. Quacks have similar impacts on treatment

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plants including inhibitation and toxicity to biomass. Quacks inhibit nitrification and

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can be toxic to activated sludge. Quacks can be inhibitory to toxic to aquatic life, inhibitory

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are toxic to aquatic life. Dr. Sober here in after-call, Storer and Dr. Ed here in after-call

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after-ed, agreed that quacks may be capable of inferring with the biological treatment process

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at a wastewater treatment plant under appropriate conditions.

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Both experts also

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agreed that coaxmy inhibit or adversely affect the microorganisms

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responsible for biological wastewater treatment plant. Stover identified

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published literature reporting inhibitation of nitrification at

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concentrations ranging from approximately 0.1 to 1 milligrams per liter to

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three to five milligrams per liter, and that no one has determined any set number.

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Mid-condense exhibit 47 states that quacks kill bacteria by disrupting cell membrane.

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Recognizing operator concern over wastewater treatment plant,

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upsets and shows toxicity depends on MLSS. Sludge health and operating conditions.

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It also inhibitation at concentration well above 50 grams per liter when mixed liquor

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sorpente solids MLSS is a lawyer around 10 to 20 posh per million of nitrification.

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The studies relied upon by Eddie did not involve in its activated sludge nitrification process

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but instead address different biological processes including denitrification and aerobic

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treatment system and other wastewater environments.

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The city is regulated by ODEQ and Oklahoma Department of Environmental Quality, which in turn

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operates with delegated authority to regulate under the Federal Clean Water Act of 1972

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to implement the national pollution discharge elimination system called NPDES.

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This, the NPDS permit program address water pollution by regulating point source that

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discharge pollutants to waters of United States.

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It was created in 1972 by Clean Water Act.

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Under the NPDS permit, program states, governments are authorized by the United States Environmental

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Protection Agency EPA to perform many permitting administrative and enforcement aspects of

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the program. OPDS permit number OK-0021628 authorizes the city to discharge treated wastewater

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to skeleton creek, subject to specific number numerical effluent limitations and monitoring

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requirements, including ammonia limits of 4.0 milligrams per liter, monthly average,

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and 6.0 milligrams per liter, weekly average, and requirements that the permitting complies

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with all permit conditions conduct routine sampling and submit electronic discharging discharge

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monitoring reports.

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The city's permit further prohibits the discharge of pollution pollutants in a manner that interferes

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with the treatment process or causes deleterious

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effects to receiving water.

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Thereby defining the regulatory standards against which the document affluent concentration

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and discharge continues to violation.

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The city's OBDES permit gowns operate of WRF and authorizes discharge into skeleton

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and CREC and imposes mandatory discharge and monitoring obligations on the city.

245
00:22:12,180 --> 00:22:21,260
Failure to comply with the OPDES permit, many results in ODEQ investigation, notice of

246
00:22:21,260 --> 00:22:28,060
violation, imposition of corrective requirements, additional monitoring and penalties.

247
00:22:28,060 --> 00:22:28,880
these. Good

248
00:22:31,380 --> 00:22:38,320
to start reading numbers. That's okay. Number 31. As the holder of the OPDS

249
00:22:38,320 --> 00:22:43,800
permit, the city is legally responsible for the quality of treated effluent discharged

250
00:22:44,320 --> 00:22:50,380
from the what reclamation facility facility. Regardless of whether pollutants cause or contributing

251
00:22:50,380 --> 00:22:58,320
to a permit violation, originate from residential commercial or industrial users of the collection

252
00:23:00,820 --> 00:23:08,160
The city is responsible for compliance with its OPDS permit and is required to operate

253
00:23:08,160 --> 00:23:14,880
and maintain as industrial treatment program designed to prevent pollution, pollutants,

254
00:23:14,920 --> 00:23:21,480
discharged by industries, industrial users from interfering with treatment operations,

255
00:23:21,480 --> 00:23:24,560
Passing through P-W-T-W, untreated.

256
00:23:26,420 --> 00:23:30,320
Damaging treatment process are required, are equipments.

257
00:23:30,740 --> 00:23:37,080
Creating hazardous are causing violations of the city's OPDs permit, number 33.

258
00:23:38,040 --> 00:23:47,500
Pursuant to E in its code of ordinance, 8-3-A-2-S-I-U's may include an industrial user discharging

259
00:23:47,500 --> 00:23:56,480
more than 25,000 gallons per day, a categorical industrial user or a user with the capability

260
00:23:56,480 --> 00:23:59,120
of discharging toxic pollutants.

261
00:24:00,560 --> 00:24:08,160
Number 34, the city regulates SIUs through industrial wastewater permits, the sewer

262
00:24:08,160 --> 00:24:13,900
use ordinance inspections, monitoring, sampling, reporting requirements, and other pretentiment

263
00:24:13,900 --> 00:24:19,080
measures intended to protect the POTW number 35.

264
00:24:19,700 --> 00:24:24,320
SAUs are required to comply with their industrial user discharge permits.

265
00:24:25,120 --> 00:24:32,660
Notify the city of material operation changes, affecting the wastewater discharge,

266
00:24:33,420 --> 00:24:36,220
report slug or other significant discharge events,

267
00:24:36,840 --> 00:24:43,180
comply with applicable pretreatment requirements and cooperate with the city's pretreatment program.

268
00:24:43,180 --> 00:24:52,260
Number 36, Mid-Condent is a SIU of the city sewer system who operated under a city issued

269
00:24:52,260 --> 00:24:56,820
industrial wastewater permit during the 11th time period.

270
00:24:57,520 --> 00:25:04,500
Number 37, Mid-Condent's business involves mixing and packing chemicals, packaging chemicals,

271
00:25:04,980 --> 00:25:07,860
cleaning products, including sanitizers,

272
00:25:09,900 --> 00:25:12,640
soaps, toilet products, and other cleaning are

273
00:25:12,640 --> 00:25:18,340
surface active, surface active products that include Quacks and other toxic

274
00:25:18,340 --> 00:25:24,880
compounds. Number 38, Midconnans permit during the 11th time period was in effect

275
00:25:24,880 --> 00:25:33,260
from June 3, 2023, 2020 through June 2, 2025. Midconnans permit requests

276
00:25:33,260 --> 00:25:39,580
samples to be taken. A proper sampling point requires a location that is a safe

277
00:25:39,580 --> 00:25:48,240
accessible representative of the users discharge and isolated from mixing with other users affluent number 41.

278
00:25:48,840 --> 00:25:54,400
The city expressed concerns about mid-continent sampling point and methods.

279
00:25:54,820 --> 00:25:59,560
The sampling point was a floor drain located inside the facility.

280
00:26:00,220 --> 00:26:08,640
The sampling point method involves vacuuming the floor drain, the location and method did not provide a good representative sample

281
00:26:08,640 --> 00:26:11,840
of Midconnans discharge, number 42.

282
00:26:12,920 --> 00:26:20,480
City of Enid, Envonement, and Noanemental Special, Special, Specialist, Stephanie Syvanders

283
00:26:20,480 --> 00:26:28,820
here in call, herein after Syvanders, issued a directive requiring Midconnans to identify

284
00:26:28,820 --> 00:26:36,600
and implement a safer and more representative to sampling location, number 43.

285
00:26:37,820 --> 00:26:43,940
Seventers, the city, mid-connant, and envirotek engineering and consulting here and after

286
00:26:44,660 --> 00:26:51,360
envirotek work together to evaluate discharge pathways and identify a suitable sampling location.

287
00:26:54,500 --> 00:27:00,820
Number 44, documented, di-testing established that wastewater discharge from mid-connants

288
00:27:00,820 --> 00:27:07,120
internal flow drains is hydrolycally connected to the city's

289
00:27:07,120 --> 00:27:13,300
sanitary sewer system and specifically traveled from the facility through

290
00:27:13,300 --> 00:27:23,780
lateral lines to manhole MH1P020 where dye introduced into production area

291
00:27:23,780 --> 00:27:32,980
floor drain was directly observed at the manhole, thereby establishing the existence of a continuous

292
00:27:32,980 --> 00:27:36,460
and traceable discharge pathway from the facility.

293
00:27:39,100 --> 00:27:46,460
Number 45, MH1P020 is located on the east side

294
00:27:46,460 --> 00:27:53,560
of 54th Street, receives the combined industrial and domestic wastewater discharge from mid-continent

295
00:27:53,560 --> 00:28:04,060
and before the wastewater commingles with other source in the border collection system,

296
00:28:04,760 --> 00:28:05,360
number 46.

297
00:28:06,680 --> 00:28:15,740
MH1P020 was established as midconnance new sampling location by agreement of all parties,

298
00:28:16,820 --> 00:28:17,580
number 47.

299
00:28:17,580 --> 00:28:22,760
mid-condense permit authorized it to discharge industrial wastewater in the

300
00:28:22,760 --> 00:28:29,420
gardens with the stated terms and conditions which provided a part. See, the

301
00:28:29,420 --> 00:28:34,000
permutee shall not discharge wastewater containing any of the following

302
00:28:34,000 --> 00:28:36,000
substance from discharge point,

303
00:28:38,460 --> 00:28:44,180
part 1, C2. Any liquid solids are gases which by

304
00:28:44,180 --> 00:28:53,760
By reason of their nature, our quantity may be sufficient either alone or by interaction

305
00:28:53,760 --> 00:29:03,900
with other substances to be injurious to any other way of the POTW or to the operations

306
00:29:03,900 --> 00:29:05,920
of the POTW.

307
00:29:05,920 --> 00:29:11,200
Part 1-C-5, Part 1-C-5.

308
00:29:11,660 --> 00:29:19,320
Any wastewater containing toxic pollutants in sufficient quantity either single or by interaction

309
00:29:19,320 --> 00:29:25,720
with other pollutants to endure or interfere with any wastewater treatment process.

310
00:29:26,480 --> 00:29:30,580
Continue a hazard to human or animals.

311
00:29:30,580 --> 00:29:37,120
create a toxic effect in the receiving wastewater of the PVTW, or to exceed the

312
00:29:37,120 --> 00:29:42,560
limitation set forth in a categorical pretreatment standards. A toxic pollutant

313
00:29:42,560 --> 00:29:47,940
shall include but not be limited to any pollutant identified pursuant to

314
00:29:47,940 --> 00:29:57,680
sections 307, capital A small A of the federal wastewater waste, federal water

315
00:29:57,680 --> 00:29:59,860
under Pollution Control Act, clean water.

316
00:30:01,620 --> 00:30:09,920
Part 1, C8, any substance which will cause the POW to violate its NPDS permit and our state disposal

317
00:30:09,920 --> 00:30:18,640
of disposal system permit are the receiving water quality standards. Part 1, C11, any pollutants,

318
00:30:19,040 --> 00:30:26,680
including oxygen demanding pollutants, BOD5, etc., released at a flow rate and are pollutant

319
00:30:26,680 --> 00:30:35,620
concentration, which a user known knows as, knows or has reason to know, will cause

320
00:30:35,620 --> 00:30:39,120
interference to the city of any wastewater treatment facility.

321
00:30:39,920 --> 00:30:50,160
In no case, shall a slug load have a flow rate or a concentration of quantities of pollutants

322
00:30:50,160 --> 00:31:00,020
that exceed for any time period longer than 15 minutes, more than 5 minutes, the average

323
00:31:00,020 --> 00:31:05,300
24-hour concentration quantities are flowed during normal operation.

324
00:31:07,140 --> 00:31:14,480
Part 1, C13, any wastewater which causes a hazard to human life creates a public nuisance.

325
00:31:14,480 --> 00:31:23,440
Number 48, Midconnist permit prohibits the discharge of substance, substances that could

326
00:31:23,440 --> 00:31:29,480
cause interference, pasture, hazardous condition or exceeded applicable standards.

327
00:31:29,760 --> 00:31:35,720
The permit further requires monthly monitoring and reporting of pollutant concentration

328
00:31:35,720 --> 00:31:42,340
from a designated discharge point, mandates the use of approved sampling and analytical

329
00:31:42,340 --> 00:31:47,460
methods and obligates the permit to report violations accidental

330
00:31:47,460 --> 00:31:53,320
discharges and changes in operation. Number 49.

331
00:31:53,700 --> 00:31:58,980
Wheat contents permit did not contain a numeric cubic quack effluent

332
00:31:58,980 --> 00:32:04,200
limitation. However, it did not contain prohibitions against discharging

333
00:32:04,200 --> 00:32:10,100
substances that may endure the POW. Poxic pollutants that may

334
00:32:10,100 --> 00:32:16,660
Any interferer with the treatment are created toxic effects in receiving water.

335
00:32:17,280 --> 00:32:21,060
Substances causing the PODW to violate its permit.

336
00:32:22,180 --> 00:32:27,520
Politons that interfere with the treatment facility and wastewater that creates a hazard

337
00:32:27,520 --> 00:32:28,680
are public's nuisance.

338
00:32:29,380 --> 00:32:29,860
Number 50.

339
00:32:30,580 --> 00:32:37,660
Any noncompliance with any city-issued permit conditions consists of a violation of the city

340
00:32:37,660 --> 00:32:48,220
of Initsur used Ardnes 51. On around May 19th, 2025, Stover reported that operations

341
00:32:48,720 --> 00:32:54,900
at the Initswater Reclamation Facility began experiencing abnormal plant condition, including

342
00:32:54,900 --> 00:33:02,640
elevated effluent ammonia, foaming and sanitation, cleaning or chemical type of order. The data

343
00:33:02,640 --> 00:33:07,540
indicated an initial interpretation of following followed by a failure of

344
00:33:07,540 --> 00:33:16,520
neuterification. Number 52, on around May 19, the 2025 savantors learned of the

345
00:33:16,520 --> 00:33:22,340
plant upset while conducting routine sampling across the sewer system for

346
00:33:22,340 --> 00:33:27,980
semi-annual regulatory process. Number 53, savantors sampling,

347
00:33:30,290 --> 00:33:31,510
sampling locations

348
00:33:31,510 --> 00:33:40,150
Included mid condense designated sampling location, MH1P020, number 54.

349
00:33:40,570 --> 00:33:50,650
Sarvanta's smell is strong, cleaner like odor and observed a thick layer of foam at MH1P020 when

350
00:33:50,650 --> 00:33:59,270
the manual cover was removed, number 55. The conditions at MH1P020 were abnormal compared to

351
00:33:59,270 --> 00:34:06,270
manual observations. Number 56. Sarvantus observed similar conditions at 54

352
00:34:06,270 --> 00:34:11,770
street lift station, which is where mid-content effluent flows into, flows to.

353
00:34:12,410 --> 00:34:18,530
Number 57. Sarvantus did not observe similar conditions throughout the

354
00:34:18,530 --> 00:34:23,070
remainder of the collection system. Specifically, Sarvantus observed a observed

355
00:34:23,070 --> 00:34:30,910
and compared multiple manuals across the system and testified that abnormal form and order

356
00:34:30,910 --> 00:34:34,430
were not uniformly present throughout the system.

357
00:34:35,230 --> 00:34:35,710
Number 58.

358
00:34:36,490 --> 00:34:41,650
Influence sampling collected at the Water Reclamation Facility during and immediately following

359
00:34:41,650 --> 00:34:53,550
the May 2025 upset identified multiple quacks, including numerous Benzol, Benzol

360
00:34:53,550 --> 00:35:05,090
Koming, Konium compounds, Dai, Decto, Diametho, Ammonium compounds, Dai-Octo, Diametho,

361
00:35:05,090 --> 00:35:13,630
ammonium compounds and other cationic surfactants. It did not report any

362
00:35:13,630 --> 00:35:22,910
detectable octodide cello dimethyl ammonium chloride.

363
00:35:25,970 --> 00:35:27,470
Number 59. On May

364
00:35:27,470 --> 00:35:33,390
2025, Sarvant has collected a grab sample on mid-condense representative

365
00:35:33,390 --> 00:35:41,610
sampling point. The sample identified numerous coax species at exceptionally high-con

366
00:35:41,610 --> 00:35:56,270
concentration, including multiple benzolo, benzolo, gomium compound, di-declo, di-declo,

367
00:35:56,270 --> 00:36:10,690
di-methyl ammonium, DDC AC, di-octo di-methyl ammonium, and actol di-dachlo di-methyl ammonium,

368
00:36:11,130 --> 00:36:17,010
chloride and related co-ordinary ammonium compounds, number 60.

369
00:36:17,010 --> 00:36:26,370
Several of these compounds were represent at concentration thousands are for certain

370
00:36:26,370 --> 00:36:32,790
compounds hundreds of thousands times higher greater than the laboratory reporting limits.

371
00:36:33,610 --> 00:36:44,510
Optol, Dicol, Neymethyl ammonium chloride alone was reported at approximately 146,318

372
00:36:44,510 --> 00:36:53,230
milligrams per liter while dye, dye declo, dye declo dye method ammonium was reported at

373
00:36:53,230 --> 00:37:01,470
approximately 1,810 milligrams per liter demonstrating an extremely concentrated quack waste stream rather

374
00:37:01,470 --> 00:37:08,670
than trace environmental contaminations. At the influence sample sampling can confirm that quack

375
00:37:08,670 --> 00:37:14,390
containing wastewater had reached the city's biological treatment process during the period

376
00:37:14,390 --> 00:37:16,870
of the, period of the upset.

377
00:37:17,470 --> 00:37:24,970
Number 62, ed testified that a substantial portion of the quad concentrations identified

378
00:37:24,970 --> 00:37:34,770
in the May, May 20 mid-connets graph sample consisted of octol, di, octol, di-clone, di-methyl,

379
00:37:34,770 --> 00:37:43,450
ammonium chloride which was not detected in the efflu- effluency metonid

380
00:37:43,450 --> 00:37:47,770
influent composite sample number

381
00:37:50,460 --> 00:37:54,160
63. The plant influent samples analyzed by

382
00:37:54,160 --> 00:38:01,140
effluency were composite samples representing which water entering the

383
00:38:01,140 --> 00:38:06,140
water reclamation facility over time after transparent transport through the

384
00:38:06,140 --> 00:38:13,960
city's collection system, whereas the May 20 samples were collected from the Midconn

385
00:38:13,960 --> 00:38:18,900
and representative sampling location was a grab sample reflecting the wastewater present

386
00:38:18,900 --> 00:38:24,880
at a single point in the time before combingling with other wastewater.

387
00:38:26,820 --> 00:38:33,620
Number 64, although the May 20 Midconn and grab sample and the May 20n Influent Composite

388
00:38:33,620 --> 00:38:42,100
example from a fluency how different relative concentration of individuals quacks and species

389
00:38:42,100 --> 00:38:50,380
they do not demonstrate different sources rather those difference are consistent with the dilution

390
00:38:50,380 --> 00:38:56,500
mixing different differing samples sampling methods methodologies travel time through the collection

391
00:38:56,500 --> 00:39:06,120
system. Adjobsion of cationic surfactants to solids and biomass, the liguration and changes in

392
00:39:06,120 --> 00:39:08,340
relative concentrations among compounds.

393
00:39:10,580 --> 00:39:14,860
Store agreed that, sorry, number 65, store agreed that

394
00:39:14,860 --> 00:39:22,540
graph samples and composite sample results should not be compared in an apple-to-apple fashion without

395
00:39:22,540 --> 00:39:30,400
caution. He defined a grab sample as a sample dipped from a basin stream or

396
00:39:30,400 --> 00:39:35,760
manhole that represents that what is passing through at the moment of the

397
00:39:35,760 --> 00:39:41,460
collection. Dr. Stover defined a composite sample as individual sample collected

398
00:39:41,460 --> 00:39:48,500
over time and compiled to represent what occurred over 24 hours.

399
00:39:50,720 --> 00:39:51,440
Number 66.

400
00:39:51,440 --> 00:40:01,820
source calculations demonstrated that WRF received approximately 700 pounds of quacks

401
00:40:01,820 --> 00:40:10,520
on May 20, approximately 300 pounds of pounds on May 21, and approximately 700 pounds

402
00:40:10,520 --> 00:40:11,560
on May 22.

403
00:40:12,100 --> 00:40:21,360
These calculations reflected the total quantity of quacks entering the POTW during those

404
00:40:21,360 --> 00:40:29,800
periods are not merely their concentrations in individual sample number 67. Quacks loading

405
00:40:29,800 --> 00:40:37,800
of the magnitude could not be reasonable be attributed to ordinary residential commercial

406
00:40:37,800 --> 00:40:42,680
or incidental consumer use within the collection system.

407
00:40:43,240 --> 00:40:49,740
The quantities of quacks entering the WRF during the upset or consistent with discharge from

408
00:40:49,740 --> 00:40:55,860
a significant industrial source handling quack containing products, number 68.

409
00:40:56,480 --> 00:41:05,840
Quack compounds are capable of causing the observed treatment upset and are consistent

410
00:41:05,840 --> 00:41:13,260
with the observed form, chemical order and biological impacts of the plant, number 69.

411
00:41:14,060 --> 00:41:22,780
On or around May 21, 2025, a fish kill was reported as a result of the reported fish kill

412
00:41:22,780 --> 00:41:25,600
ODEQ and the city conducted an investigation.

413
00:41:26,180 --> 00:41:30,380
The fish kill was concurrent with the POW upset.

414
00:41:31,160 --> 00:41:37,700
The investigation concluded that the fish kill was associated with the discharge of high ammonia

415
00:41:37,700 --> 00:41:40,500
levels from POW to a skeleton creek.

416
00:41:40,500 --> 00:41:47,780
As a result of the investigation, ODEQ issued a notice of violation to the city of City after the event.

417
00:41:52,090 --> 00:41:57,370
Number 71. The notice of violation stated that the city's wastewater treatment facility

418
00:41:57,370 --> 00:42:03,690
discharged partially treated wastewater into the skeleton creek in violation of its OPDS permit,

419
00:42:04,190 --> 00:42:07,750
resulting in a fish kill and widespread environmental impacts.

420
00:42:07,750 --> 00:42:15,130
and further established that the treatment plant upset was associated with the introduction of ammonia,

421
00:42:15,730 --> 00:42:25,010
surfactants and disinfectant type chemical that rendered biological treatment process inactive.

422
00:42:25,690 --> 00:42:33,270
With the documented effluent parameters, accidents including elevated ammonia, CBVOD,

423
00:42:33,270 --> 00:42:39,530
and total suspended solids, thereby providing independent regulatory evidence that

424
00:42:39,530 --> 00:42:47,250
pollutant discharge into the treatment system caused accidents of permit limits and environmental

425
00:42:47,250 --> 00:42:54,470
harm consistent with interference with interference attributable to upstream industrial contributions.

426
00:42:55,630 --> 00:42:56,590
7.

427
00:42:57,530 --> 00:43:04,870
Oklahoma Department of Wildlife Conservation issued a fine, our penalty related to the fish

428
00:43:04,870 --> 00:43:09,410
kill upset of the May 2025 event, number 73.

429
00:43:09,930 --> 00:43:16,490
The record supports that the fish kill occurred in a temporal proximity to the wastewater

430
00:43:16,490 --> 00:43:23,890
water treatment, water recommissioned facility, biological, upset, and elevated effluent ammonia.

431
00:43:28,130 --> 00:43:34,170
Number 74. Following the May 19, 2025, upset and the notification of a fish kill,

432
00:43:34,790 --> 00:43:42,050
Sarvantas and the city investigated significant industrial users with known discharge who operated

433
00:43:42,050 --> 00:43:47,130
under the city issued industrial wastewater permit during the relevant time period.

434
00:43:47,130 --> 00:43:48,470
Number 75.

435
00:43:48,990 --> 00:43:54,650
Sarvanta's investigation included sampling at multiple locations, field observations to

436
00:43:54,650 --> 00:44:02,250
determine presence of any form and strong chemical orders at Manhole 1P020 and other

437
00:44:02,250 --> 00:44:03,090
Manhole locations.

438
00:44:04,390 --> 00:44:09,910
Sample collected were analyzed by the cities in House Lab 76.

439
00:44:09,910 --> 00:44:19,170
Sarvandas conducted a subsequent sampling event at Manhole 1P020 and the 54th Street Lift Station.

440
00:44:19,510 --> 00:44:23,830
The samples continued to include elevated quad concentrations.

441
00:44:27,320 --> 00:44:35,100
Number 77. After the May 19, 2025 event at the water in its WRF, Sarvandas conducted

442
00:44:35,100 --> 00:44:41,260
contacted mid-content operations manager, Peter Harrison, here in order, here in

443
00:44:41,260 --> 00:44:47,860
after Harrison, to let him know the POTW was experiencing an upset.

444
00:44:48,300 --> 00:44:54,240
Mid-content responded to Sarvandas on at least two occasions to inform her

445
00:44:54,240 --> 00:44:59,360
additional cleaning took place on the 19th in preparation of an audit.

446
00:45:00,850 --> 00:45:09,670
Number 78. On May 23, 2025, Sarantas notified mid-continent that the POTW had experienced a biological

447
00:45:09,670 --> 00:45:17,070
upset, beginning on May 19, 2025, identified mid-continent as a potential contributor based

448
00:45:17,070 --> 00:45:24,030
on its location and discharge characteristics. Number 79. The city's investigation focused

449
00:45:24,030 --> 00:45:31,230
on mid-continent after sampling results were sampling results and field observations indicated

450
00:45:31,230 --> 00:45:38,470
abnormal form order and co-accrelated compounds associated with mid-continent discharge number 80.

451
00:45:39,090 --> 00:45:45,370
As part of the part of her investigation, Sarvant has required mid-continent to provide a written

452
00:45:45,370 --> 00:45:53,350
response and detailing all cleaning chemicals used associated safety data sheets here in our

453
00:45:53,350 --> 00:46:01,450
here in after SDS and disposable disposal practices, especially specifically

454
00:46:01,450 --> 00:46:08,270
including whether washwater or cleaning solutions were discharged into the

455
00:46:08,270 --> 00:46:11,990
floor drain connected to the sanitary sewer number

456
00:46:16,180 --> 00:46:18,320
81. Midconments produced

457
00:46:18,320 --> 00:46:27,620
used at 1200 SDS containing 9,000 pages of data, number 82.

458
00:46:27,940 --> 00:46:34,440
The SDS shows that chemicals used by mid-conrent or toxic pollutants should not be disposed

459
00:46:34,800 --> 00:46:43,360
of in public source and are specifically inhibitory to aquatic life, number 83.

460
00:46:43,360 --> 00:46:53,460
In July, mid-continent advised that beginning May 2022, 2025, it voluntarily began containerizing

461
00:46:53,460 --> 00:47:02,240
cleaning wastewater generated around the coaxe production area for off-site disposal.

462
00:47:02,880 --> 00:47:08,380
Prior to this date, all coaxe containing wastewater was discharged into this sanitary sewer

463
00:47:10,620 --> 00:47:19,820
number 84. At the time of May 2025 event, ENIT WRF flow rate was approximately 7 million

464
00:47:19,820 --> 00:47:28,000
gallons per day. With the May 19 to 20, flow rate described as approximately 7.3 million

465
00:47:28,000 --> 00:47:31,060
gallons per day.

466
00:47:35,090 --> 00:47:43,890
Number 85. Operational monitoring data for the ENIT WRF for May 10, 2025 to June

467
00:47:43,890 --> 00:47:51,130
2009 2025 showed a market increase in effluent ammonia concentrations beginning approximately

468
00:47:51,130 --> 00:48:00,370
May 2025 with values raising from near zero to levels exceeding 30 to 50 milligrams per

469
00:48:00,370 --> 00:48:08,130
litre and concurrent increases in effluent suspended solids and total phosphorus providing

470
00:48:08,130 --> 00:48:17,030
a contemporaneous sampling data demonstrating a significant deterioration in the treatment

471
00:48:17,030 --> 00:48:24,710
performance and elevated pollutant concentrations in discharged effluent during the upset period.

472
00:48:25,690 --> 00:48:33,970
There is a gap of missing data during the days when ODEQ directed that the POWB shut down

473
00:48:33,970 --> 00:48:35,090
because of the upset.

474
00:48:35,090 --> 00:48:36,090
Number

475
00:48:38,100 --> 00:48:44,680
86. Before May 19, effluent ammonia values at the WRF were at our near non-detective

476
00:48:45,440 --> 00:48:52,160
levels of approximately 0.124 milligrams per liter, which represented a complete nitrification.

477
00:48:53,380 --> 00:49:00,280
Number 87. The ammonia patterns reflected, sir, inhibitation followed by complete failure

478
00:49:00,280 --> 00:49:07,380
of nitrification. The observed ammonia increase was consistent with loss of

479
00:49:07,380 --> 00:49:12,580
nitrification and would not be expected if nitrification were functioning

480
00:49:12,580 --> 00:49:18,340
properly. Number 88, the operational monitoring data led the stover to conclude

481
00:49:18,340 --> 00:49:22,700
that the plant began receiving some form of toxic

482
00:49:22,700 --> 00:49:27,620
it, toxicant on May 19, 2025, number 89.

483
00:49:28,300 --> 00:49:35,380
Stover was asked about the effect various other substances could have on the WRF.

484
00:49:36,000 --> 00:49:43,220
He testified that the arsenic alone would not form or smell like a cleaner, and cyanide

485
00:49:43,220 --> 00:49:45,200
would not smell like a cleaner.

486
00:49:45,200 --> 00:49:55,540
Stover pointed would not have been reasonable to test everywhere else in the cities for

487
00:49:55,540 --> 00:49:56,820
arsenic and heavy metal.

488
00:49:57,460 --> 00:50:03,300
Arsenic heavy metals and cyanide in response to the observed forming and mid-connanced

489
00:50:03,300 --> 00:50:04,040
manhole evidence.

490
00:50:05,960 --> 00:50:06,860
Number 90.

491
00:50:07,560 --> 00:50:13,420
The loss of nitrifying bacteria requires the city and its contract operator to actively

492
00:50:13,420 --> 00:50:19,340
restore the biological treatment process before the WRF could return to normal operations.

493
00:50:20,020 --> 00:50:25,580
Because nitrifying bacteria are slow growing by organisms, recovery requires substantial

494
00:50:25,580 --> 00:50:31,960
time, monitoring and operational adjustments, including investigations of the upset, sampling

495
00:50:31,960 --> 00:50:36,720
laboratory review, biomass monitoring and process control changes.

496
00:50:36,720 --> 00:50:45,330
Number 91. As part of the emergency response city and the store group implemented the extraordinary

497
00:50:45,330 --> 00:50:51,050
operation measures to restore the biological treatment process and reduce the effect of

498
00:50:51,050 --> 00:50:57,150
quacks on the WRF. Those measures included purchasing and applying

499
00:50:57,150 --> 00:51:04,670
neutral quad, a product intended to mitigate or neutralize the effects of quacks within

500
00:51:04,670 --> 00:51:10,330
Indian treatment process in an effort to preserve or restore biological activity.

501
00:51:11,210 --> 00:51:17,910
The Stover Group also ordered specialised nitrifying bacteria under receded the WRF Indian

502
00:51:17,910 --> 00:51:24,290
effort to restore the biological treatment process, a special pump was required for these

503
00:51:24,290 --> 00:51:25,130
offered efforts.

504
00:51:25,130 --> 00:51:33,990
Number 92, considering the pre-event complete nitrification, the abrupt post-

505
00:51:33,990 --> 00:51:40,530
May 19th Ammonia spike, observed foam and cleaning cleaner type order,

506
00:51:41,070 --> 00:51:44,410
quack detections associated with the mid-continent,

507
00:51:44,730 --> 00:51:49,870
confirms loss of nitrifiers and stores testimony regarding quacks,

508
00:51:50,170 --> 00:51:55,790
toxicity and inhibitation. The record supports the findings that the

509
00:51:57,550 --> 00:52:05,810
findings that an inhibitory or toxic industrial discharge caused the May 2025 nitrification failure.

510
00:52:07,960 --> 00:52:11,720
Number 93. Considering the source isolated sampling locations,

511
00:52:12,280 --> 00:52:18,260
die test confirms of confirmation of mid-connid discharge pathway,

512
00:52:18,960 --> 00:52:23,880
field observations at the mid-connid math hall, quack detections and the city's

513
00:52:23,880 --> 00:52:29,600
the city investigation, the regard supports the finding that mid-continent discharge

514
00:52:29,600 --> 00:52:37,080
was the source or a contribution to contributing source of the toxic or inhibitory discharge

515
00:52:37,080 --> 00:52:39,060
that caused the WRF upset.

516
00:52:42,340 --> 00:52:43,060
Number 94.

517
00:52:43,620 --> 00:52:54,600
On July 22, 2025, following the city's investigation of the May 19, 2019 to 2020, 25

518
00:52:54,600 --> 00:53:00,900
by any WRF plant upset and the fish kill, the city should mid-content notice of violation

519
00:53:00,900 --> 00:53:12,040
NOV-001, alleging that mid-content violated permit number 021 by discharging and violation

520
00:53:12,220 --> 00:53:19,000
of the permit, including causing an upset of the city's wastewater treatment plant in

521
00:53:19,000 --> 00:53:22,120
May 2025, number 95.

522
00:53:22,120 --> 00:53:29,000
The NOV was based on sampling detecting elevated concentrations of

523
00:53:29,000 --> 00:53:35,280
quaternary ammonium compounds in the facility's discharge, which were

524
00:53:35,280 --> 00:53:41,800
determined to have to have caused a significant wastewater treatment plant

525
00:53:41,800 --> 00:53:48,820
upset on May 19, 2025. The identified violations including discharge of toxic

526
00:53:48,820 --> 00:53:56,760
in quantities sufficient to interference with POTW operations. Failure to prevent

527
00:53:56,760 --> 00:54:02,640
pass-through or interfere interference. The lack of adequate pretreatment and chemical

528
00:54:02,640 --> 00:54:14,040
management control. It specifically documents that the facility failed to provide a

529
00:54:14,040 --> 00:54:21,500
return summary of discharge practices, fail to conform or evaluate pretreatment effectiveness

530
00:54:21,800 --> 00:54:28,500
and fail to identify all chemical products and processes contributing to the discharge.

531
00:54:28,960 --> 00:54:38,600
thereby evidencing both the existence of a discharge containing regulatory pollutants and non-compliance

532
00:54:38,600 --> 00:54:47,840
with reporting and operational requirements, number 96. On November 21, 2025, the city issued

533
00:54:47,840 --> 00:54:55,620
an administrative order to meet content for Notice of Violation NOV001, number 97. The

534
00:54:55,620 --> 00:55:00,380
administrative order to meet content requires a corrective action, additional pretreatment

535
00:55:00,380 --> 00:55:08,000
or controls, monitoring and sampling, planning and reporting and cost recovery. Mr. Gilbert

536
00:55:08,000 --> 00:55:14,040
Gilbert, herein after Gilbert, testified that the administrative order was intended to

537
00:55:14,040 --> 00:55:22,740
identify responsibility, protect the facility and prevent reoccurrence not to punish mid-convent.

538
00:55:24,650 --> 00:55:33,270
Number 98 On March 16, 2026, the city issued an amended administrative order to mid-convent

539
00:55:33,270 --> 00:55:41,250
for Notice of Violation NOE 001, number 99. Gilbert testified that mid-conon did not accept

540
00:55:41,250 --> 00:55:48,330
responsibility for causing the upset. Did not acknowledge that it is discharge contributed

541
00:55:48,330 --> 00:55:56,790
to the loss of nitrification and maintained that it was not responsible. The city incurred the

542
00:55:56,790 --> 00:56:04,490
The cost of responding to the event and paid penalties are fines associated with regulatory

543
00:56:04,490 --> 00:56:09,050
responses including ODEQ and Wildlife related consequences,

544
00:56:11,260 --> 00:56:12,620
number 100.

545
00:56:13,740 --> 00:56:19,360
The cost recovery summary which itemized expenses incurred as a result of the wastewater

546
00:56:19,790 --> 00:56:25,880
incident includes one regulatory enforcement cost including the administrative fee associated

547
00:56:25,880 --> 00:56:35,300
assisted by DEQ. Number two, natural resource damages including the fisheries damage claim associated

548
00:56:35,300 --> 00:56:44,840
with the downstream fish kill. Number four, extensive laboratory testing caused including repeated

549
00:56:44,840 --> 00:56:52,480
analytical testing performed by specifically specialty laboratories SPL or many months following

550
00:56:52,480 --> 00:57:01,580
the opposite. Number four, whole effluent toxicity wet testing performed because of the first wet

551
00:57:03,080 --> 00:57:11,700
test failed due to 2025 set number five pump equipment requires pump equipment required for

552
00:57:11,700 --> 00:57:18,940
the effort to restore the biological treatment process and reduce the effects of quacks on the WRF

553
00:57:18,940 --> 00:57:19,820
6.

554
00:57:20,660 --> 00:57:27,640
Neutrachwat purchased and applied as part of the city's effort to mitigate or neutralize

555
00:57:28,360 --> 00:57:30,840
COACS impacts within the treatment process.

556
00:57:34,870 --> 00:57:35,370
7.

557
00:57:35,910 --> 00:57:40,410
Biological receding material including specialized nitrifying bacteria purchased

558
00:57:40,410 --> 00:57:45,250
your restore the activated large process after the loss of nitrification.

559
00:57:45,910 --> 00:57:46,210
8.

560
00:57:46,930 --> 00:57:51,990
Field sampling labor including repeated grab sampling at the mid-con and manhole over

561
00:57:51,990 --> 00:57:57,730
an extended period. Number 9, shipping costs including overnight shipment of analytical

562
00:57:57,730 --> 00:58:04,670
samples for laboratory testing. Number 10, certified mailing costs associated with the

563
00:58:04,670 --> 00:58:12,610
enforcement actions and regulatory notices. Number 11, publication costs associated with the

564
00:58:12,610 --> 00:58:19,310
notice of cities enforcement proceedings and additional enforcement costs, including those incurred

565
00:58:19,310 --> 00:58:23,350
by the city's environmental specialist to be subsequently assessed,

566
00:58:27,550 --> 00:58:35,870
number 101. These costs demonstrate the operational and environmental consequences associated

567
00:58:35,870 --> 00:58:43,710
with the discharge of pollutants into PIVW, number 102. The consequences of May 2025 discharge

568
00:58:43,710 --> 00:58:52,930
were not limited to the immediate expenses necessary to recover the plant. The violations of

569
00:58:52,930 --> 00:58:59,610
the mid-condense permit also created enforcement and monitoring expenses. Part of regulating

570
00:58:59,610 --> 00:59:07,110
an industrial user when a permit violation occurs is to work with the user to assure the

571
00:59:07,110 --> 00:59:14,930
cause of the violations is incurred and to monitor the user to assure that future violations do

572
00:59:14,930 --> 00:59:23,230
not occur. In this case, this included ongoing laboratory testing and testing of possible

573
00:59:23,770 --> 00:59:28,690
alternative sources such as Tyson and Integrus, as suggested by MitConnet.

574
00:59:31,420 --> 00:59:37,480
Number 103, City could not reasonably restore normal operations or ensure continued compliance

575
00:59:37,480 --> 00:59:44,720
with its OPDES and PDES permit without identifying the source of the inhibitory discharge,

576
00:59:44,720 --> 00:59:52,760
evaluating its component compositions, determining whether additional discharge

577
00:59:52,760 --> 00:59:57,900
were occurred and implementing measures to prevent reoccurrence.

578
01:00:00,590 --> 01:00:12,550
Number 104. Meet current timely appealed. The Notice of Violation NOV 001 issued July 22, 2025. The

579
01:00:12,550 --> 01:00:20,130
Administrative Order issued November 21, 2025. And an amended Administrative Order issued March

580
01:00:20,130 --> 01:00:23,770
March 16, 2026, number 105.

581
01:00:24,590 --> 01:00:33,810
An evidentiary hearing before the board was held on June 22, 2026, and June 23, 2026,

582
01:00:34,470 --> 01:00:36,630
and June 29, 2026,

583
01:00:39,420 --> 01:00:40,440
106.

584
01:00:42,220 --> 01:00:47,120
The following exhibits offered by the city were admitted into evidence.

585
01:00:47,120 --> 01:00:54,040
Government Exhibit 135, 27-37, and 39-52.

586
01:00:55,060 --> 01:01:01,560
Mid-continent Objects to Admission of Government Exhibit 1719 and 50.

587
01:01:02,220 --> 01:01:06,240
Its objections were overruled, Number 107.

588
01:01:06,700 --> 01:01:12,180
The following defendant exhibits offered by Mid-continent were admitted into evidence.

589
01:01:12,180 --> 01:01:18,640
Defense, Defended Exhibit 12, 15, 22, 40, 41, 43, and 47.

590
01:01:19,060 --> 01:01:23,580
The city did not object to admission of the Mid-Condent Exhibit.

591
01:01:23,960 --> 01:01:29,580
Mid-Condent can offered Ed Demonstrate to Exhibit 3 and 4.

592
01:01:30,320 --> 01:01:34,620
The city objected to the Demonstrate to being admitted as Exhibits.

593
01:01:35,240 --> 01:01:39,380
Mid-Condent with the draw, the offer, and Ed Demonstrate Exhibit 3.

594
01:01:39,380 --> 01:01:44,360
At Demonstrative Exhibit 4 was admitted,

595
01:01:48,250 --> 01:01:49,290
Number 108.

596
01:01:49,770 --> 01:01:55,850
The board has not relied upon any single piece of evidence in reaching its decision.

597
01:01:56,610 --> 01:02:03,710
Instead, the board has weighed all of the direct and circumstantial evidence presented

598
01:02:03,710 --> 01:02:10,250
including the physical evidence sampling data, biological evidence, operational data, expert

599
01:02:10,250 --> 01:02:18,270
testimony, documentary evidence and witness credibility. When viewed collectively rather than

600
01:02:18,530 --> 01:02:28,090
in isolation, the evidence continuously demonstrate that mid-conrent discharge of quacks containing

601
01:02:28,090 --> 01:02:36,290
wastewater caused the materially contributed to May 2025 upset, the resulting interference with

602
01:02:36,290 --> 01:02:40,250
POTW and the violations found herein.

603
01:02:41,720 --> 01:02:43,320
Number 109.

604
01:02:43,360 --> 01:02:50,960
Midconnet is the only SIO in init that uses Quax containing compounds to manufacture products.

605
01:02:51,660 --> 01:02:59,380
Its usage of Quax is significantly larger than other facilities that use Quax for only cleaning

606
01:02:59,760 --> 01:03:01,460
and disinfecting purposes.

607
01:03:01,460 --> 01:03:01,720
forces.

608
01:03:02,260 --> 01:03:12,320
It is undisputable that MH-1P020 accepts the discharge of only effluent coming from mid-conrent.

609
01:03:13,520 --> 01:03:20,180
The POTW upset was accompanied by significant foaming and cleaner-like smells.

610
01:03:20,940 --> 01:03:28,420
The 54th Street lift station which directs effluent to the POTW at the same time was experienced

611
01:03:28,420 --> 01:03:36,740
significant foaming and cleaner like smells. MH1P0200 which is directly north of the 54-striplif

612
01:03:36,740 --> 01:03:42,360
station was at the same time experiencing significant foaming and cleaner like smell.

613
01:03:43,930 --> 01:03:53,160
All these conditions were abnormal. It defines common sense to deny a connection between these

614
01:03:53,160 --> 01:03:59,020
three observations and the sole manufacturer of cleaning products that

615
01:03:59,020 --> 01:04:03,260
discharge into the in-it wastewater system and in effect,

616
01:04:03,260 --> 01:04:09,460
discharges directly into one of the sites, MH1P020 110.

617
01:04:15,410 --> 01:04:17,650
The testing of the

618
01:04:17,650 --> 01:04:23,530
May 20 graph sample, along with subsequent samples in June, July and August, 2025,

619
01:04:23,530 --> 01:04:29,830
indicates the presence of quacks in MH1P020. In quantities that are not

620
01:04:29,830 --> 01:04:35,490
explainable by ordinary cleaning activities that one might see in any other

621
01:04:35,490 --> 01:04:40,910
significant business or industry. That is, it is apparent that the reading

622
01:04:40,910 --> 01:04:48,310
were the results of quacks being discharged in a greater quantity, not simply

623
01:04:48,310 --> 01:04:55,430
from wiping down counters are cleaning floors, not covered with quax waste.

624
01:04:58,100 --> 01:05:06,680
Number 111. Mid-conrent called no witness to dispute the evidence represented by the city

625
01:05:06,680 --> 01:05:13,060
with respect to the quax feedstock and material stored in the large quantities within its facility.

626
01:05:13,060 --> 01:05:19,500
Now, the city's evidence with respect to the conditions of the facility and the significant

627
01:05:19,500 --> 01:05:22,780
risk of the escape of Quacks laden substances.

628
01:05:23,900 --> 01:05:32,020
That unriberted evidence demonstrate the significant risk to the wastewater system from accidental

629
01:05:32,020 --> 01:05:37,380
or intentional discharges of the Quack effluent, number 112.

630
01:05:37,380 --> 01:05:45,260
The presence of quacks in MH1P020 demonstrates violations of the mid-conrent permit in addition

631
01:05:45,260 --> 01:05:51,440
to prohibiting actual interference with the PWDW and the pass-through, the permit prohibits

632
01:05:51,440 --> 01:05:58,580
discharge of substances that may interfere either alone or in conjunction with other

633
01:05:58,580 --> 01:05:59,080
discharges.

634
01:06:01,420 --> 01:06:02,500
Number 113.

635
01:06:03,200 --> 01:06:08,600
The city investigated other potential sources rather than assuming mid-conrent was a

636
01:06:08,600 --> 01:06:15,040
responsible. It's investigation include included field observation, wastewater pathways,

637
01:06:15,260 --> 01:06:21,040
analysis, pathway analysis, sampling from multiple locations, review of plant operational

638
01:06:21,040 --> 01:06:28,380
data, SDS review, documents review, meetings with mid-connet and evaluations of other industrial

639
01:06:28,380 --> 01:06:36,720
users. The investigation of investigation was interactive and data driven. As additional observations,

640
01:06:36,720 --> 01:06:43,400
Sampling Results, Plan Data, Operator, Reports and Facility Information became available.

641
01:06:44,100 --> 01:06:52,440
City Personal Adjusted the Investigation and Co-ordinated Additionally Sampling Review and Source

642
01:06:52,440 --> 01:06:52,980
Evaluation,

643
01:06:55,540 --> 01:06:57,000
number 114.

644
01:06:57,540 --> 01:07:05,720
The Board finds that the city responsible, city reasonably relied on multiple lines of evidence

645
01:07:05,720 --> 01:07:10,620
rather than a single data point, including foam and order observations,

646
01:07:11,120 --> 01:07:15,160
analytical testing, plant performance data, bacterial testing, facility

647
01:07:15,160 --> 01:07:21,360
information, sewer configuration evidence, and source pathway knowledge number

648
01:07:21,360 --> 01:07:28,840
115. The absence of an eyewitness to the specific cleaning are

649
01:07:28,840 --> 01:07:34,420
are discharging even does not defect source attributions.

650
01:07:35,220 --> 01:07:41,460
The city's source determination is supported by circumstantial evidence, including mid-current

651
01:07:41,460 --> 01:07:46,540
operations, discharge pathways, timing, physical observations, sampling results, biological

652
01:07:46,540 --> 01:07:50,080
evidence, and evaluation of alternative sources.

653
01:07:54,080 --> 01:07:55,100
Number 116.

654
01:07:55,100 --> 01:08:24,220
The record supports a finding that the abnormal discharge indicator, WRF, upset indicators and downstream environmental consequences occurred within a closely connected time frame, and that the city reasonably expected its investigation after a report of a fish kill because the issue implicated downstream environmental impacts as well as planned operations.

655
01:08:24,220 --> 01:08:36,080
Number 117, the board does not find the absence of actor, actor Deco-Diamethalo ammonium chloride

656
01:08:36,540 --> 01:08:42,740
from certain influent reports sufficient to outweigh the remaining evidence.

657
01:08:43,060 --> 01:08:49,920
The numerous other compounds associated with midcontinent were identified in both midcontinent

658
01:08:49,920 --> 01:08:58,920
water and the plant influence. The board concluded concludes that the absence of a single

659
01:08:58,920 --> 01:09:07,720
analytical analyte does not negate the city's source attribution analysis number 118.

660
01:09:08,260 --> 01:09:15,600
The board does not find that any other SIU possess the same combination of quacks, handling

661
01:09:15,600 --> 01:09:20,620
operations wastewater pathway, physical observation, sampling results, and temporal

662
01:09:20,620 --> 01:09:28,660
relationship to the May 2025 upset as a mid-continent. The city's investigation reasonably eliminated

663
01:09:28,660 --> 01:09:35,780
other significant industrial users as the likely source of the discharge. Number 119,

664
01:09:36,000 --> 01:09:43,860
the board does not find persuade you a day's opinion that inhibitation could not occur below

665
01:09:43,860 --> 01:09:49,900
approximately 50 milligrams a liter, such that mid-condit is not reasonable for WRF upside.

666
01:09:53,300 --> 01:09:59,860
Number 120. The decision to issue the notice of violation administrative order permit modification

667
01:09:59,860 --> 01:10:06,800
cease and desist order emergency suspension and permit denail were based upon

668
01:10:07,600 --> 01:10:13,340
information developed during the city's investigation and recommendation of the city staff

669
01:10:13,340 --> 01:10:19,600
responsible for administration of the predatement program number 1-21. The board

670
01:10:19,600 --> 01:10:26,440
finds that neither the sewer use ordinance nor accepted wastewater engineering

671
01:10:27,180 --> 01:10:32,500
principle to require the city to establish an exact chemical fingerprint.

672
01:10:33,540 --> 01:10:42,600
Identifying every individual coax species at every sampling location are pro a single universal

673
01:10:42,600 --> 01:10:51,220
Inhibitory concentration before concluding that a prohibition prohibited discharge occurred,

674
01:10:51,460 --> 01:10:58,160
thus source attribution and interference are established by the totality of the evidence.

675
01:11:03,530 --> 01:11:04,870
Number one, one, two, two.

676
01:11:06,050 --> 01:11:12,670
The board finds that quacks are antimicrobial compounds intended to kill our inhibit microorganisms

677
01:11:12,670 --> 01:11:19,750
because the INIWRF depends on living micro-organisms to perform by biological treatment,

678
01:11:20,050 --> 01:11:26,570
including nitrification, quax containing wastewater, is capable of creating toxic effects

679
01:11:26,570 --> 01:11:35,530
within the POW when discharged into sufficient quantity. Number 1, 2, 3. The board finds that

680
01:11:35,530 --> 01:11:41,390
mid-condent discharge wastewater containing quax and cationic surfactants to the city's

681
01:11:41,390 --> 01:11:49,850
Sanitary sewer system, those compounds included Benzo, Benzolakomium, Family Compounds,

682
01:11:50,570 --> 01:12:01,570
DD-AXC, Family Compounds, ODD-MAC, D-O-MAC, and Related Quaternary Ammonium Compounds

683
01:12:01,570 --> 01:12:06,430
detected in samples collected from mid-connants, Rep. D. discharge location,

684
01:12:08,800 --> 01:12:09,900
number 124.

685
01:12:09,900 --> 01:12:19,080
The board finds that the Quack concentrations identified during the May 2025 event were

686
01:12:19,080 --> 01:12:26,320
not background municipal levels, ordinary household use or trace contamination.

687
01:12:27,280 --> 01:12:34,180
The concentrations detected at mid-conrent discharge point and the mass of Quacks entering

688
01:12:34,180 --> 01:12:39,660
the WRF were consistent with a significant industrial discharge, number 125.

689
01:12:40,560 --> 01:12:46,060
The board finds that the mere existence of quacks, former residential commercial, are

690
01:12:46,060 --> 01:12:52,780
industrial sources of sources, does not preclude a finding that mid-content caused a

691
01:12:52,780 --> 01:12:55,940
contributed to the May 2025 upset.

692
01:12:56,400 --> 01:13:03,020
The evidence established that mid-contents operations, the concentrations and mass of quacks discharged

693
01:13:03,020 --> 01:13:11,280
the timing of the event, the physical observations, the sewer configurations and the biological effects

694
01:13:11,280 --> 01:13:16,580
distinguished midcontinuous discharge from ordinary background sources.

695
01:13:19,620 --> 01:13:21,160
Number 126, the board

696
01:13:21,160 --> 01:13:27,660
finds that the quack containing wastewater caused are contributed to toxic effects within the WRF

697
01:13:27,660 --> 01:13:33,900
biological treatment process, including inhibitation or loss of nitrifying bacteria, loss of ammonia level,

698
01:13:33,900 --> 01:13:43,500
removal, disruption to disruption of biomass and impaired treatment performance number 127.

699
01:13:44,180 --> 01:13:49,400
The board finds that mid-conference discharge caused the contributions to interference

700
01:13:49,400 --> 01:13:52,660
with the operations and performance of the POW.

701
01:13:53,460 --> 01:14:00,660
Before the May 9, 2025 event, the WRF was achieving complete or mere complete nitrification.

702
01:14:00,660 --> 01:14:09,180
After the event, the effluent ammonia increased sharply, nitrification failure failed, suspended

703
01:14:09,180 --> 01:14:15,460
solids increased, phosphorus removal was impaired, and biological treatment performance deteriorated.

704
01:14:18,680 --> 01:14:19,280
Number 128.

705
01:14:19,480 --> 01:14:25,880
The board finds that the interference was not limited to a laboratory result, it was reflected

706
01:14:25,880 --> 01:14:31,340
in plant operations, form and order observations,

707
01:14:31,900 --> 01:14:38,480
loss of nitrifying bacteria, elevated ammonia, impaired phosphorous removal,

708
01:14:39,020 --> 01:14:44,840
operational response measures, and the need for recovery efforts, number 129.

709
01:14:45,500 --> 01:14:50,780
The board finds that the discharge interfered with the city's ability to operate

710
01:14:50,780 --> 01:14:56,860
the WRF in the ordinary course and required extraordinary operational measures including

711
01:14:56,860 --> 01:14:59,980
additional testing, cationic surfactants more.

712
01:15:00,000 --> 01:15:09,580
Neutra Court. Biological receding, pumping equipment, response planning, and diversion protocols.

713
01:15:12,400 --> 01:15:31,740
Number 130. The board finds that mid-convenants discharge costs are contributed to conditions that impaired the city's ability to complete comply with its OPDEs and PDEs obligations. The city's permit required compliance with ammonia limits and

714
01:15:31,740 --> 01:15:39,340
protection of the receiving stream at the May 2025 upset cause elevated effluent ammonia and

715
01:15:39,340 --> 01:15:41,160
downstream environmental consequences.

716
01:15:44,090 --> 01:15:46,870
Number 131, the board finds that the city

717
01:15:47,710 --> 01:15:54,030
as the OPDS in PDS permit holder was exposed to regulatory consequences because of the upset,

718
01:15:54,270 --> 01:16:01,750
including ODEQ enforcement and wildlife related assessment arising from downstream impacts.

719
01:16:01,750 --> 01:16:03,750
Number 132.

720
01:16:04,090 --> 01:16:09,390
The board finds that the discharge-created conditions that impair the city's ability

721
01:16:09,390 --> 01:16:18,570
to prevent a pass-through because pollutants entered the POW in quantities under circumstances

722
01:16:18,570 --> 01:16:24,830
that impaired treatment plant under the treatment and affected the city's ability to protect

723
01:16:24,830 --> 01:16:25,650
skeleton creek.

724
01:16:26,210 --> 01:16:28,410
Number 133.

725
01:16:28,410 --> 01:16:36,170
The board finds that the May 2025 event was acute and not a gradual decline in the planned

726
01:16:36,170 --> 01:16:36,830
performance.

727
01:16:37,660 --> 01:16:43,830
The WRF was operating with effective ammonia removal before the event followed by a

728
01:16:43,830 --> 01:16:47,530
sudden ammonia spike, foam order and biological treatment failure.

729
01:16:51,700 --> 01:16:52,420
Number 134.

730
01:16:52,640 --> 01:16:58,220
The board finds that the timing of mid-connence, May 19, the cleaning audit activities returned

731
01:16:58,220 --> 01:17:03,980
to full production, form, and cleaner order at the Mid-Condent Manhole and the immediate

732
01:17:03,980 --> 01:17:12,520
downstream observations support a finding that the discharge was episodic or slug like

733
01:17:12,520 --> 01:17:14,860
in nature, 135.

734
01:17:15,260 --> 01:17:21,360
The board finds that the discharge was of a nature volume or concentration sufficient

735
01:17:21,360 --> 01:17:26,940
to disrupt the POW and requires immediate operational response, number 136.

736
01:17:26,940 --> 01:17:31,400
The board finds that the mid-continent failed to adequately prevent

737
01:17:31,400 --> 01:17:36,440
quite containing wastewater, washwater, spills, tank-resins,

738
01:17:37,800 --> 01:17:44,120
rinse-sets, or related chemicals, and seduce from entering the

739
01:17:44,120 --> 01:17:46,140
sanitary sewer system number

740
01:17:48,180 --> 01:17:48,920
137.

741
01:17:49,280 --> 01:17:52,200
The board finds that mid-continent did not demonstrate adequate

742
01:17:52,900 --> 01:17:56,620
pretreatment, segregation, contaminant, monitoring, or

743
01:17:56,620 --> 01:18:02,680
are Offside Disposal Controls sufficient to protect the POW from Quack's containing

744
01:18:02,680 --> 01:18:04,900
wastewater number 138.

745
01:18:05,520 --> 01:18:11,020
The board finds that midcontinent did not timely or completely provide the information

746
01:18:11,020 --> 01:18:14,520
necessary for the city to evaluate its discharge practices.

747
01:18:15,400 --> 01:18:21,860
Quack containing waste streams, SDS, chemical-investigate inventories, pretreatment practices,

748
01:18:24,540 --> 01:18:25,360
containerization,

749
01:18:25,360 --> 01:18:28,020
operation, off-site disposal and corrective measures.

750
01:18:33,200 --> 01:18:34,120
Number 139.

751
01:18:34,420 --> 01:18:40,520
The board finds that the city could not reliably protect the POW without complete information

752
01:18:40,520 --> 01:18:45,380
regarding mid-connants, quack-containing products, waste pathways, treatment practices

753
01:18:45,380 --> 01:18:46,720
and discharge controls.

754
01:18:50,430 --> 01:18:50,990
Number 14.

755
01:18:51,530 --> 01:18:57,510
The board finds that the administrative order was necessary because the NOV alone did not

756
01:18:57,510 --> 01:18:59,070
resolve the compliance concerns.

757
01:18:59,070 --> 01:19:07,530
Continued quack detections, unresolved wastewater pathways, incomplete information and inadequate

758
01:19:07,530 --> 01:19:14,330
demonstrated treatment in justifies the corrective measures, continued monitoring and enforceable

759
01:19:14,330 --> 01:19:18,600
compliance obligations, number 141.

760
01:19:19,180 --> 01:19:27,060
The board finds that the city's requested costs were reasonably and necessarily to incur

761
01:19:27,060 --> 01:19:34,100
to investigate the discharge, identify source, restore biological treatment, respond

762
01:19:34,100 --> 01:19:39,760
to ODEQ and wildlife-related consequences, protect the POTW and prevent recurrence.

763
01:19:42,460 --> 01:19:43,400
Number 142.

764
01:19:43,940 --> 01:19:49,320
The board finds that the requested penalties and cost-recovery water are reasonable in light

765
01:19:49,320 --> 01:19:51,080
of nature of the violations.

766
01:19:51,780 --> 01:19:58,420
The harm to the POTW, the downstream environmental impacts, the city's regulatory exposure

767
01:19:58,420 --> 01:20:06,100
mid-conference incomplete information and the resources required to investigate, respond

768
01:20:06,100 --> 01:20:09,500
to and prevent recurrence number 143.

769
01:20:10,160 --> 01:20:16,940
Having considered mid-conference defenses together with all of the evidence presented, the

770
01:20:16,940 --> 01:20:25,060
board concludes that those deficient defenses do not overcome the greater way of the evidence

771
01:20:25,060 --> 01:20:30,060
Since establishing that the mid-con and discharged quack-containing wastewater that caused

772
01:20:30,060 --> 01:20:37,520
the COST are materially contributed to the May 2025 WRF-Obset and the resulting violations

773
01:20:37,520 --> 01:20:43,020
of the sewer use ordinance and permit number 021.

774
01:20:44,800 --> 01:20:45,900
Number 144.

775
01:20:46,180 --> 01:20:52,420
The board finds that the NOV and administrative orders were issued not merely to impose penalties

776
01:20:52,420 --> 01:21:00,360
is but to identify and eliminate the cause of May 25, May 20, 25 upset, obtaining information

777
01:21:00,360 --> 01:21:05,780
necessary for the cities to evaluate mid-condense wastewater practices required corrective measures

778
01:21:05,780 --> 01:21:13,020
to protect the POW, ensuring future compliance with permit number 021 and sewer use ordnance,

779
01:21:13,780 --> 01:21:21,260
and reduce the likelihood of similar interference with the city's biological treatment process.

780
01:21:21,260 --> 01:21:29,740
the administrative order was reasonable, exercise the city's pre-treatment authority following

781
01:21:29,740 --> 01:21:31,380
completion of its investigation,

782
01:21:34,650 --> 01:21:35,850
number 145.

783
01:21:36,110 --> 01:21:44,890
Accordingly, the board finds that the city's proved the factual basis for the NOV and

784
01:21:44,890 --> 01:21:49,310
administrative order by greater way of its evidence of the evidence.

785
01:21:49,310 --> 01:21:49,990
Do

786
01:21:54,760 --> 01:21:57,700
you want me to, yeah, is that okay if I take over?

787
01:21:59,560 --> 01:22:09,740
Conclusion of laws, jurisdiction and standard of review, the Environmental Enforcement Board has jurisdiction over this appeal pursuant to the enit sewer use ordinance.

788
01:22:10,300 --> 01:22:18,320
The board conducted a denovo evidentiary hearing and serves as a finder of the fact, including determining witness credibility,

789
01:22:18,320 --> 01:22:24,420
when conflicting evidence and applying the applicable provisions of the sewer use ordinance.

790
01:22:24,780 --> 01:22:29,280
Permit number 021 and governing state in a federal pre-treatment law.

791
01:22:29,820 --> 01:22:37,520
Federal Regulatory Authority, the MPDS program begins with a federal regulation 40 CFR Part

792
01:22:37,520 --> 01:22:42,920
403 covers pre-treatment regulations for existing and new sources of pollution.

793
01:22:42,920 --> 01:22:50,600
It establishes a responsibility of federal, state, and local government in industry and

794
01:22:50,600 --> 01:22:56,480
public to the implement national pretreatment standards to control pollutants which pass through

795
01:22:56,480 --> 01:23:03,320
or interfere with treatment processes and publicly owned treatment works, POTWs, or which

796
01:23:03,320 --> 01:23:08,700
may contaminate sewage sludge, 40 CFR 403.1A.

797
01:23:08,700 --> 01:23:15,340
At 403.5, it establishes national pre-treatment standards and defines prohibitive discharges,

798
01:23:15,980 --> 01:23:17,360
general prohibitions.

799
01:23:17,900 --> 01:23:24,020
A user may not introduce into APOTW any pollutants which cause pass-through or interference.

800
01:23:24,480 --> 01:23:34,400
These general prohibitions and the specific prohibitions and paragraph B of this section apply to each user

801
01:23:34,400 --> 01:23:41,620
are introducing pollutants into APOTW, whether or not the user is subject to the national

802
01:23:41,620 --> 01:23:48,240
pre-treatment standards or any national state or local pre-treatment requirements, 40 CFR

803
01:23:48,240 --> 01:23:55,660
403.5A-1, specific prohibitions including any pollutant released at a rate or concentration

804
01:23:55,660 --> 01:24:03,200
that will cause interference with the POTW, 40 CFR, 403.5 B4.

805
01:24:03,600 --> 01:24:05,980
Two standards are used to regulate discharges.

806
01:24:06,520 --> 01:24:11,000
The Catergolfo standard and the prohibitive discharges standard.

807
01:24:11,000 --> 01:24:27,500
Petronas versus Marshall Durbin Food Corp. 205WAWL, 8158-435 at Star 111 in D-LAAL, March 17th of 2005.

808
01:24:27,880 --> 01:24:33,620
Why some categorical standards are set, not all pollutants are subject to a categorical standard,

809
01:24:34,120 --> 01:24:38,420
instead prohibited discharges are determined by toxic effect and potential.

810
01:24:38,420 --> 01:24:46,560
Why in Houser, in RCO, versus Washington State Department of Ecological and Pollution Control Hearings Board,

811
01:24:47,160 --> 01:24:55,520
33 Washington at 2D, 1040, 2024, AM, Pepper, Industry,

812
01:24:58,120 --> 01:25:08,020
Inc. versus US EPA 996F 2D 346 349 DC circulate 1993.

813
01:25:09,020 --> 01:25:15,500
The Clean Water Act and its regulations recognize neither a good faith nor a de-minimus defense

814
01:25:16,100 --> 01:25:22,980
intended and intent and good faith are irrelevant in actions involving strict liability for contaminated

815
01:25:32,500 --> 01:25:40,000
It's a reference to the case citation, you've already referenced that case citation, just go ahead and say id.

816
01:25:41,100 --> 01:25:44,620
Okay, stay regulatory authority.

817
01:25:44,880 --> 01:25:49,860
The Oklahoma Department of Environmental Quality issues permits for municipal wastewater

818
01:25:49,860 --> 01:25:55,380
plants and requires municipalities to regulate industrial users, among other prohibitions

819
01:25:55,380 --> 01:25:56,340
on discharges.

820
01:25:56,820 --> 01:26:03,520
Oklahoma regulations prevent the discharge of seven wastewater causing alone or in conjunction

821
01:26:03,520 --> 01:26:04,860
with other sources.

822
01:26:04,860 --> 01:26:10,840
The treatment plants affluent to fill a toxicity test for purpose of this paragraph.

823
01:26:11,000 --> 01:26:16,560
Toxicity means of the end point of the acute biomonitoring test requirement as specified

824
01:26:16,560 --> 01:26:30,500
in the CCTS NPDES permit, Oklahoma Admin Code 25263623-3-1, Oklahoma regulations also expressly

825
01:26:30,500 --> 01:26:41,280
prohibited eight detergent, surfact surface agent, active agents, or other substances which may cause excessive foaming in the POTW.

826
01:26:41,560 --> 01:26:54,880
Oklahoma admin code 252-623-3-1. Further, ODEQ defines that interference includes a discharge with alone or with other discharges.

827
01:26:54,880 --> 01:27:01,260
Inhibits or disrupts the POTW treatment process or operations and contributes to a violation

828
01:27:01,260 --> 01:27:11,240
of requirements of the POTW, NPDES Permanent, Oklahoma Admin Code 25623-1-4.

829
01:27:11,600 --> 01:27:18,540
Pass through includes a discharge that exits the POTW into waters of the United States

830
01:27:18,540 --> 01:27:25,140
in quantities or concentrations that cause a violation of the POTW's NPDES

831
01:27:25,140 --> 01:27:33,480
permit, Oklahoma Admin Code 25623-1-4. Pre-treatment includes reduction in

832
01:27:33,480 --> 01:27:38,140
elimination or alteration of pollutants before discharge to a POTW, including

833
01:27:38,140 --> 01:27:48,520
controls to protect against surges or slug loads that might interfere with or be

834
01:27:48,520 --> 01:28:09,540
623-1-4, 27A, 2-6-2025, slug includes any non-routine episodic discharge, including an accidental spill or non-customary batch discharge, Oklahoma admin code, 2526-23-1-4.

835
01:28:09,540 --> 01:28:16,700
City regulation authority, regulatory authority, the ENID code of ordinances contain several

836
01:28:16,700 --> 01:28:24,320
provisions prohibiting discharges in violation of an SIU's permit, 8-3F-3 requires a permit

837
01:28:24,320 --> 01:28:31,120
stating, A, permit required, it shall be unlawful for any significant industrial user to discharge

838
01:28:31,120 --> 01:28:38,800
any wastewater into any natural outlet within the city and or to the POTW without a wastewater

839
01:28:38,800 --> 01:28:46,580
Water Discharge Permit, except as also authorized by the Environmental Compliance Specialist in accordance with the provisions of this article.

840
01:28:47,180 --> 01:28:52,360
8-3F-4 allows for conditions and ordinance compliance stating,

841
01:28:52,920 --> 01:28:56,520
C. Permit conditions, wastewater discharge permits,

842
01:28:57,000 --> 01:29:02,380
shall be expressly subject to all provisions of this article and all other applicable ordinances.

843
01:29:02,380 --> 01:29:05,640
other charges and fees established by the city.

844
01:29:06,160 --> 01:29:09,700
Specific prohibitions are also contained in the code of ordinances.

845
01:29:10,320 --> 01:29:16,040
8-3A-8A, this charge of certain waters are waste to sanitary sewer.

846
01:29:16,540 --> 01:29:25,120
A, general prohibitions, no user shall contribute or cause to be contributed directly or indirectly into APOTW.

847
01:29:25,120 --> 01:29:32,120
any pollutant or wastewater which will interfere with the operation or

848
01:29:32,120 --> 01:29:40,020
performance of or pass through the POTW. Furthermore, no user may contribute the

849
01:29:40,020 --> 01:29:49,860
following substance to the POTW. 8-3A-8A1, any liquid, solids or gases which

850
01:29:49,860 --> 01:29:57,920
by reason of their nature or quantity are or may be sufficient either alone or in interaction

851
01:29:57,920 --> 01:29:59,680
with other substances too.

852
01:30:00,000 --> 01:30:29,980
Be injures in any way to the POTW or to the operation of the POTW. 8-3A-8A4. Any wastewater containing toxic pollutants in the sufficient quantity, either singly or by interaction with other pollutants to injure or interfere with any wastewater treatment process, constitutes a hazard to humans or animals. Create a toxic effect in the receiving waters of the POTW.

853
01:30:29,980 --> 01:30:35,640
POTW or to exceed the limitation set fourth in a categorical pretreatment standard.

854
01:30:36,020 --> 01:30:42,540
A toxic pollutant shall include, but not be limited to any pollutant identified pursuant

855
01:30:42,540 --> 01:30:59,280
to 307A of the ACC-33USC-1317A, 8-3A-8A7, any substance which will cause the POTW to violate

856
01:30:59,280 --> 01:31:09,680
its NPDES permit or the state water quality standards. 8-3A-8810, any pollutants, excluding

857
01:31:09,680 --> 01:31:17,620
oxygen demanding pollutants, BOD5 and the like, release in a discharge rate and or pollutant

858
01:31:17,620 --> 01:31:28,200
concentrate which will cause interference to the POTW. 8-3A-8A-12, any waste water which

859
01:31:28,200 --> 01:31:32,240
This causes a hazard to human life or creates a public nuisance.

860
01:31:32,600 --> 01:31:38,300
8-3A-2 contains definitions of relevant terms.

861
01:31:39,440 --> 01:31:43,880
Interference, a discharge which alone or in conjunction with a discharge or discharges

862
01:31:43,880 --> 01:31:44,860
from other sources.

863
01:31:45,220 --> 01:31:45,420
1.

864
01:31:46,100 --> 01:31:52,940
Inhibits or disrupts the POTW treatment processes or operations in its sludge process, use or

865
01:31:52,940 --> 01:31:58,680
disposal in two. Therefore, contributes to a violation of any requirement of the city's

866
01:31:58,680 --> 01:32:05,480
NPDES permit, including an increase in the magnitude or duration of a violation, or of

867
01:32:05,480 --> 01:32:12,200
the prevention of sewer sludge used or disposal by the POTW, in accordance with any of the following

868
01:32:12,200 --> 01:32:18,680
statutory regulatory provisions or permits issued there under, or more stringent state or

869
01:32:18,680 --> 01:32:28,160
local regulations. For five of the Clean Water Act, 3-3-USC, 1-3-4-5, or any criteria, guidelines,

870
01:32:28,520 --> 01:32:34,800
or regulations develop pursuant to the Solid Waste Disposal Act, SWDA, including title

871
01:32:34,800 --> 01:32:44,680
two commonly referred to as the Resource Conservation and Recovery Act, R-C-R-A, C-42-USC-6901.

872
01:32:49,660 --> 01:32:53,940
It's a reference to the entire section.

873
01:32:53,980 --> 01:32:54,180
Gotcha.

874
01:32:55,140 --> 01:33:00,900
Or more stringent state criteria contained in any sludge management plan prepared pursuant

875
01:33:00,900 --> 01:33:14,260
to subtitle D of the SWDA, C-42-U-S-C-6-941-EXEC, the Clean Air Act C-42-U-S-C-7401-EXEC,

876
01:33:14,260 --> 01:33:24,900
The Toxic Substance Control Act, C-15 USC, 26-01-XSEC, and the Marine Protection Research

877
01:33:24,900 --> 01:33:34,800
and Sanctuary Act, C-14-USC, 14-31-XSEC, and 33-USC, 14-01-XSEC.

878
01:33:35,300 --> 01:33:41,500
Past through, a discharge which exits the POTW into the waters of the U.S. in quantities

879
01:33:41,500 --> 01:33:47,520
or concentrations which alone or in conjunction with a discharge or discharges from other sources.

880
01:33:47,860 --> 01:33:54,320
It is a cause of a violation of any requirement of the POTW's NPDES permit,

881
01:33:54,800 --> 01:33:58,480
including an increase in the magnitude or duration of the violation.

882
01:33:59,020 --> 01:34:06,900
Slug, any discharge or non-routine episodic nature, including but not limited to an accidental spill,

883
01:34:07,280 --> 01:34:10,020
or a non-customary batch discharge.

884
01:34:10,020 --> 01:34:16,360
March, toxic pollutants, any pollutants or combination of pollutants listed as a toxic

885
01:34:16,360 --> 01:34:22,460
in-regulation promulgated by the administrator of the Environmental Protection Agency

886
01:34:22,460 --> 01:34:32,980
under the provisions of CWA-307-A-C-33-USC-1317-A and or other acts.

887
01:34:33,340 --> 01:34:39,180
Upset, an exceptional incident in which there is an unintentional and temporary non-compliance

888
01:34:39,180 --> 01:34:45,200
with categorical pre-treatment standards because of factors beyond the reasonable control of the industrial user.

889
01:34:45,800 --> 01:34:53,660
An EVSA does not include non-compliance to the extent caused by operational error in

890
01:34:53,660 --> 01:34:59,860
proper design treatment facilities, inadequate treatment facilities, lack of preventative maintenance or

891
01:34:59,860 --> 01:35:02,400
careless or improper operations.

892
01:35:03,560 --> 01:35:08,960
Evidentiary standards, the city bears the burden of proof to establish which alleged

893
01:35:08,960 --> 01:35:20,840
by the preponderance of the evidence under Oklahoma law, this is also called the greater weight of the evidence, meaning that the burdens is to show something is more probably true than not.

894
01:35:21,300 --> 01:35:37,180
See, Bedillo versus mid-century insurance company, 2005, Oklahoma 48, 121p.3d, 1080, 1096, as corrected June 22, 2005.

895
01:35:37,180 --> 01:35:45,320
Insured was required to prove the essential elements of this claim for breach of the duty

896
01:35:45,320 --> 01:35:52,500
of the good faith and fair dealing by a greater weight of evidence standard, i.e. by a preponderance

897
01:35:52,500 --> 01:35:57,960
of the evidence, as of the well-known Axiom states. The preponderance of evidence does

898
01:35:57,960 --> 01:36:03,920
not mean the greater number of witnesses testifying to the fact, but that which to the mind

899
01:36:03,920 --> 01:36:10,940
of the trial of the fact or the secret of the truth seems most conveniencing and more

900
01:36:10,940 --> 01:36:20,700
probably true. The board may consider both direct and circumstantial evidence, C-E-G-O-U-J-I-3.2.5.

901
01:36:20,880 --> 01:36:26,440
The law makes no distinction between the way to be given to either direct or circumstantial evidence.

902
01:36:26,760 --> 01:36:31,560
You should consider circumstantial evidence together with all the other evidence in the case

903
01:36:31,560 --> 01:36:33,460
in arriving at your verdict.

904
01:36:34,000 --> 01:36:37,760
Mid-Conan argues that the issue is all about science

905
01:36:37,760 --> 01:36:41,220
and that is necessarily for scientific evidence.

906
01:36:41,720 --> 01:36:43,920
And the scientists to prove provide answers

907
01:36:43,920 --> 01:36:47,260
to whether it was responsible for the plant upset

908
01:36:47,260 --> 01:36:48,600
or violated its permit.

909
01:36:49,020 --> 01:36:51,800
The issue before the board is not whether the causation

910
01:36:51,800 --> 01:36:54,960
can be demonstrated with scientific certainty.

911
01:36:55,380 --> 01:36:58,680
Scientific certainty seeks to eliminate doubt

912
01:36:58,680 --> 01:37:04,380
A preponderance of the evidence simply asks which explanation is more probable one.

913
01:37:04,840 --> 01:37:09,600
Courts have long rejected scientific certainty as a standard in environmental matters.

914
01:37:10,000 --> 01:37:23,140
C. Ethel-Corp versus Environmental Protection Agency, 541F.2D, 1-28N.58DC, Circuit 1976,

915
01:37:23,140 --> 01:37:32,900
76, petitioners demanding demands so resilience on scientific facts on evidence that reputable scientific techniques certify as certain.

916
01:37:33,400 --> 01:37:43,360
Typically, a scientist will not so certify evidence unless the probability of error by standard statistical measurement is less than 5%.

917
01:37:43,360 --> 01:37:48,160
That is scientific fact is at least 95% certain.

918
01:37:48,160 --> 01:37:57,900
Also see Friends of the Earth's Inc. vs. Gaston Cooper Recycling Corp. 204 F.3D 149 163

919
01:37:57,900 --> 01:38:06,200
4th Circuit 2000 litigrants routinely rely on circumstantial evidence to prove any

920
01:38:06,200 --> 01:38:12,280
number of contested issues and if a prosecutor may rely wholly on circumstantial evidence

921
01:38:12,280 --> 01:38:18,000
to prove that a criminal defendant is guilty beyond a reasonable doubt, there is no apparent

922
01:38:18,000 --> 01:38:23,860
current reason and certainly not a reason apparent from the Constitution, the federal rules

923
01:38:23,860 --> 01:38:25,860
or the Clean Water Act itself.

924
01:38:26,460 --> 01:38:34,400
To regard this type of proof as per se deficient for establishing standing in a Clean Water

925
01:38:34,400 --> 01:38:41,820
Act case, environmental enforcement statutes do not require scientific certainty before

926
01:38:41,820 --> 01:38:43,680
regulatory action may be taken.

927
01:38:43,680 --> 01:39:06,600
Courts have consistently recognized that environmental decision making necessarily involves evaluation of incomplete, conflicting and circumstantial evidence, and that the apropical legal question is whether the evidence makes the asserted conclusion more probable than not, not whether every competing hypothesis has been scientifically eliminated.

928
01:39:06,600 --> 01:39:19,300
Ethel Corp. vs. EPA, 541F.2D128DC, Circuit 1976. The administrator may apply his expertise

929
01:39:19,300 --> 01:39:25,440
to draw conclusions from suspected, but do not completely sustain relationships between

930
01:39:25,440 --> 01:39:33,240
facts from trends among facts, from theoretical projections, from imperfect data, from prohibitive

931
01:39:33,240 --> 01:39:37,900
preliminary data do not certifiably as fact and like.

932
01:39:38,920 --> 01:39:41,820
Lead industries.

933
01:39:44,600 --> 01:39:45,580
Association.

934
01:39:45,760 --> 01:39:46,260
Association.

935
01:39:46,660 --> 01:39:53,980
EPA, 467, F.2D, 1130, 1148-49.

936
01:39:54,680 --> 01:40:04,790
DC, Circuit 1980, Sierra Club versus US EPA, 774, F.3D, 383-395-395.

937
01:40:04,790 --> 01:40:10,410
through 9.6, 7th Circuit, 9th, 2014.

938
01:40:11,130 --> 01:40:21,030
Mid-connet further argues that the city was required to scientifically fingerprint its wastewater by proving that every individual QAC,

939
01:40:21,450 --> 01:40:31,770
species identified at Mid-connet's representative sampling location was likewise identified at the WRF Influent before source attribution can be established.

940
01:40:31,770 --> 01:40:35,930
the board rejects that argument. Courts addressing environmental

941
01:40:35,930 --> 01:40:40,410
contamination have repeatedly recognized that pollutants are diluted, mixed,

942
01:40:40,470 --> 01:40:44,790
transported, absorbed, degraded, and otherwise altered during migration

943
01:40:44,790 --> 01:40:49,830
through environmental systems, making exact chemical, fingerprinting,

944
01:40:49,890 --> 01:40:54,670
scientific, scientific difficulty difficult or impossible.

945
01:40:55,350 --> 01:40:59,830
Accordingly, courts have held that environmental liability may be

946
01:40:59,830 --> 01:41:06,190
established through the total of the evidence, including similar contaminants, migration pathways,

947
01:41:06,650 --> 01:41:10,330
operational evidence, expert testimony, and circumstantial evidence.

948
01:41:10,650 --> 01:41:16,210
And does not require proof that every contaminant may be chemically traced to a specific source.

949
01:41:16,210 --> 01:41:33,490
C. Arsko, LLC versus C. Max, Inc. 21F, Point, Sup, 3D, 784, 803-04, WED, Text, 2014.

950
01:41:34,030 --> 01:41:38,190
Holding that and imposing a fingerprinting requirement might permit the owners and

951
01:41:38,190 --> 01:41:41,070
operators of facilities to avoid financial responsibility.

952
01:41:41,070 --> 01:41:47,790
and that a plaintiff need not fingerprint contamination to establish liability.

953
01:41:48,230 --> 01:41:59,630
United States versus Fairchild Industries, Inc. 766F.Sup 405 413DMD 1991,

954
01:41:59,950 --> 01:42:05,230
holding that the government need not trace each defendant's hazardous waste to a specific release.

955
01:42:05,230 --> 01:42:10,370
but need only prove that the hazardous substance, like those contained in the

956
01:42:10,370 --> 01:42:18,830
defendant's ways, were present at the site. New York versus Adam Winske, 16 F

957
01:42:18,830 --> 01:42:32,070
SUP 3D123, 148-49 EDNY, 2014, holding that a CER CLA plaintiff is not

958
01:42:32,070 --> 01:42:34,870
not required to finger print downgraded.

959
01:42:35,650 --> 01:42:38,270
Contamination and that environmental causation

960
01:42:38,270 --> 01:42:41,090
need not be established with scientific certainty.

961
01:42:41,790 --> 01:42:42,730
Citations omitted.

962
01:42:44,150 --> 01:42:47,710
The board further concludes that neither the procedural order,

963
01:42:48,110 --> 01:42:51,570
the sewer use ordinance, Oklahoma pre-treatment law,

964
01:42:51,830 --> 01:42:54,130
nor accepted principles of the administrative law

965
01:42:54,130 --> 01:42:57,970
require the city to eliminate every possible alternative source

966
01:42:57,970 --> 01:43:05,430
of QACs, or disprove every competing hypothesis before enforcement could occur.

967
01:43:05,890 --> 01:43:12,850
The board is not changed with resolving charge with resolving every scientific disagreement

968
01:43:12,850 --> 01:43:19,470
or identifying the precise molecular fate of every QAC compound after discharge into the

969
01:43:19,470 --> 01:43:24,370
collection system, whether the board must determine whether the greater weight of the evidence

970
01:43:24,370 --> 01:43:30,010
establishes that midcontinent caused or contributed to the alleged violations.

971
01:43:30,530 --> 01:43:34,590
The board therefore evaluates the evidence under the proponderance of the evidence

972
01:43:34,590 --> 01:43:40,210
standard required by the procedural order rather than the heightened standard of scientific

973
01:43:40,210 --> 01:43:42,630
certainty advocated by midcontinent.

974
01:43:43,210 --> 01:43:46,510
For the reasons set forth in the findings of the fact,

975
01:43:46,890 --> 01:43:52,470
and infra, the board concludes that the city satisfies its burden.

976
01:43:53,810 --> 01:44:00,110
Interpretation of law of governing law, the ordinance creates effect-based prohibitions.

977
01:44:00,350 --> 01:44:08,750
The city operates its POTW pursuant to any LPDES, NPDES, permits, and remains responsible

978
01:44:08,750 --> 01:44:14,970
for complying with that permit effluent limitations, monitoring requirements, reporting obligations,

979
01:44:14,970 --> 01:44:16,930
and other regulatory requirements.

980
01:44:16,930 --> 01:44:25,070
The Clean Water Act, Oklahoma Environment, Environmental Quality Code, Oklahoma Pre-Treatment Regulations,

981
01:44:25,510 --> 01:44:32,570
in a sewer use ordinance and permit number 021 operate together to prevent industrial

982
01:44:32,570 --> 01:44:39,530
users from introducing pollutants that interfere with treatment, pass through inadequately treated

983
01:44:39,530 --> 01:44:46,110
damage sludge or resident, resident, resident duels, creating nuisance or safety

984
01:44:46,110 --> 01:44:51,130
conditions, or impair the city's OPDES, NPDES compliance.

985
01:44:51,590 --> 01:44:59,250
Because the city is the OPDES, NPDES, permit holder, ODEQ looks to the city for

986
01:44:59,250 --> 01:44:59,970
your permit complies.

987
01:45:00,000 --> 01:45:29,980
Violence, even when the pollutant causing or contributing to noncompliance originates from an industrial user. The sewer use ordinance must therefore be interpreted as a protective and preventative pretreatment ordinance. Its prohibitions apply when a discharge causes or contributes to prohibited effects on the POTW, receiving water, sludge, residuals, public safety, or the city's permit compliance. QAC is not needed

988
01:45:29,980 --> 01:45:32,600
need not be expressly listed.

989
01:45:33,200 --> 01:45:39,900
The board concludes that the absence of numerical local limit or specific reference to QACs

990
01:45:39,900 --> 01:45:48,660
in Perman number 021 or the sewer use ordinance does not authorize discharge of QACs containing

991
01:45:48,660 --> 01:45:54,580
wastewater, where the discharge causes or contributes or may cause to or contribute

992
01:45:54,580 --> 01:46:05,120
to interfere toxic effects, pass through nuisance conditions, sludge impacts, or impairment of the city's OPDES in PDES obligations.

993
01:46:05,660 --> 01:46:16,080
In it code 8-3a-a4 is not limited to pollutants identified under Clean Water Act 307a.

994
01:46:16,620 --> 01:46:23,160
The ordinance provides that toxic pollutants include but are not limited to those federally identified pollutants.

995
01:46:23,160 --> 01:46:31,120
Accordingly, QAC containing wastewater may constitute a prohibited discharge if it is

996
01:46:31,120 --> 01:46:38,440
present in a sufficient quantity either singly or by interaction with other pollutants.

997
01:46:38,800 --> 01:46:44,600
To injure or interfere with wastewater treatment, create toxic effects or otherwise cause one

998
01:46:44,600 --> 01:46:48,320
of the prohibited affected effects identified in the ordinance.

999
01:46:48,320 --> 01:46:52,960
Proof of causation, interference, or source attribution.

1000
01:46:53,140 --> 01:46:57,540
The law does not require the city to prove each individual analytic.

1001
01:46:58,280 --> 01:47:04,500
An analytical result in isolation, whether the board must determine whether the cumulative force of the evidence

1002
01:47:04,500 --> 01:47:09,000
makes midcontinence responsibly more probable, true than not.

1003
01:47:09,580 --> 01:47:18,180
Source attribution, interference, toxic effects, and pass-through may be established by the total of the evidence, including operational data,

1004
01:47:18,180 --> 01:47:29,020
Sampling results, biological testing, field observation, sewer configuration, timing, expert testimony, and other direct or circumstantial evidence.

1005
01:47:29,740 --> 01:47:39,140
Circumstantial environmental proof consists of multiple converging facts that individually may not establish causation, but collectively do.

1006
01:47:39,140 --> 01:47:48,180
Here are those facts. The city's di-test confirming that manhole 1P020 represented mid-continent's

1007
01:47:48,180 --> 01:47:54,900
discharge before co-mingling. The location of the sewer system and elimination of other

1008
01:47:54,900 --> 01:48:01,000
significant industrial sources upstream of the sampling point. The sudden appearance

1009
01:48:01,000 --> 01:48:06,580
of excessive foam and cleaner like odor at mid-continent's manhole. The 54th street

1010
01:48:06,580 --> 01:48:14,640
listation and the WRF headworks. Repeated and analytical detection of numerous QAC compounds in

1011
01:48:14,640 --> 01:48:17,520
mid-continent discharge over multiple sampling evidence.

1012
01:48:23,890 --> 01:48:28,030
Contemporary detection of QAC's entering

1013
01:48:28,030 --> 01:48:36,330
the WRF affluent, bacterial speciation, plant operational data, and ammonia trends demonstrating

1014
01:48:36,330 --> 01:48:38,130
a sudden loss of nitrification.

1015
01:48:38,710 --> 01:48:44,650
QAC mass load calculation showing quantities inconsistent with an ordinary residential

1016
01:48:44,650 --> 01:48:46,110
or commercial sources.

1017
01:48:46,790 --> 01:48:53,850
SDS' product information and chemical invitoids identify the same families of QAC used in

1018
01:48:53,850 --> 01:48:59,450
midcontinants, manufacturing operations, and warning against discharge to sanitary sewers

1019
01:48:59,450 --> 01:49:02,850
or aquatic environmenters, environmentalists.

1020
01:49:02,850 --> 01:49:09,870
Mid-content emissions regarding cleaning activities immediately preceding the EBSET and its subsequent

1021
01:49:11,210 --> 01:49:20,070
decision to containerize QACs containing wastewater after May 22, 2005, 2025.

1022
01:49:20,450 --> 01:49:25,770
The city's physical investigation, including inspection of manholes, wastewater pathways,

1023
01:49:26,430 --> 01:49:31,190
production areas, floor drains, contamination areas, hoses, and discharge routes.

1024
01:49:31,190 --> 01:49:41,030
Mid-continent is incomplete, involving, and sometimes inconsistent explanations regarding its wastewater handling, chemical usage, and pretreatment practices.

1025
01:49:41,490 --> 01:49:58,650
The elimination or evaluation of other potential industrial sources, and the testimony of cities, witnesses, explaining why the observed, operational, biological, and analytical evidence was consistent with a significant QAC discharge from Mid-continent.

1026
01:49:58,650 --> 01:50:07,930
The board evaluates these facts collectively, rather than requiring any single piece of evidence to independently prove every element.

1027
01:50:09,750 --> 01:50:20,830
Conclusions, interference, unit code 8-3A-8A prohibits any discharge that will interfere with the operation or performance of the POTW.

1028
01:50:20,830 --> 01:50:27,370
Based upon the finding of facts, the board concludes that the Mid-Continence Discharge of QACs

1029
01:50:27,370 --> 01:50:33,970
containing wastewater inhibited and disrupted the city's activated sludge treatment process

1030
01:50:33,970 --> 01:50:41,050
caused the loss of nitrification, impaired ammonia removal, disrupted biomass and treatment

1031
01:50:41,050 --> 01:50:49,910
performance, and therefore constituted interference within the meaning of ENID code 8-3A-8A and

1032
01:50:49,910 --> 01:50:51,910
and Oklahoma pre-treatment regulations.

1033
01:50:55,450 --> 01:50:56,930
Toxic pollutants.

1034
01:50:57,450 --> 01:51:06,810
Inid code 8-3A-8A4 prohibits wastewater containing toxic pollutants in sufficient quantity

1035
01:51:06,810 --> 01:51:14,490
to interfere or injure or interfere with wastewater treatment processes or create toxic effect

1036
01:51:14,490 --> 01:51:17,210
within the POTW or receiving waters.

1037
01:51:17,690 --> 01:51:22,590
Based upon findings of fact, the board concludes that mid-continent discharge QAC containing

1038
01:51:22,590 --> 01:51:28,410
wastewater in the sufficient quantity to create toxic effects within the city's biological

1039
01:51:28,410 --> 01:51:35,930
treatment process, including inhibition and destruction of nitrifying bacteria necessary

1040
01:51:35,930 --> 01:51:39,930
for wastewater treatment, sludge and biological treatment.

1041
01:51:40,370 --> 01:51:50,070
Enid code 8-3A-886 prohibits substances that render sludge or other POTW residuals unsuitable

1042
01:51:50,070 --> 01:51:51,750
or otherwise impaired treatment.

1043
01:51:52,290 --> 01:51:58,110
Based on findings of fact, the board concludes that mid-continent discharge disrupted biomass,

1044
01:51:58,770 --> 01:52:05,130
flock formation, solid settling, sludge quality, and related biological treatment functions,

1045
01:52:05,550 --> 01:52:11,870
thereby violating 8-3A-8A6.

1046
01:52:12,930 --> 01:52:15,130
NPDES and water quality,

1047
01:52:15,630 --> 01:52:20,430
ENID code 8-3A-8A7 prohibits

1048
01:52:20,430 --> 01:52:22,770
discharges that will cause the POTW to

1049
01:52:22,770 --> 01:52:25,870
violate its NPDES permit or state

1050
01:52:25,870 --> 01:52:28,750
water quality standards. Based upon

1051
01:52:28,750 --> 01:52:30,410
the findings of fact, the board

1052
01:52:30,410 --> 01:52:32,410
concludes that mid-continence discharge

1053
01:52:32,410 --> 01:52:34,770
impaired the city's ability to comply

1054
01:52:34,770 --> 01:52:38,410
with its OPDES permit caused elevated

1055
01:52:38,410 --> 01:52:40,710
affluent ammonium, contributed to

1056
01:52:40,710 --> 01:52:46,490
downstream environmental impacts resulted in ODEQ enforcement and therefore violated

1057
01:52:46,490 --> 01:52:49,490
8-3A-887.

1058
01:52:50,230 --> 01:52:51,230
Polluting loading.

1059
01:52:51,890 --> 01:53:00,570
Enid code 8-3A-8810 prohibits pollutant concentrates or discharge rates that cause interference.

1060
01:53:01,150 --> 01:53:06,750
Based upon finding effect, the board concludes that the nature, concentration, and mass loading

1061
01:53:06,750 --> 01:53:15,130
of QAC containing wastewater discharged by midcontinent constituted a prohibited pollutant loading

1062
01:53:15,130 --> 01:53:26,670
under 8-3A-8810, public nuisance, ENID code 8-3A-8812 prohibits wastewater that creates

1063
01:53:26,670 --> 01:53:32,750
a public nuisance. Based upon the finding effect, the board concludes that midcontinent's discharge

1064
01:53:32,750 --> 01:53:41,450
producing excessive, excessive foaming strong cleaner like odors within the collection system of the POTW.

1065
01:53:41,770 --> 01:53:47,650
Disruption of the wastewater treatment operations downstream environmental impacts and regulatory enforcement,

1066
01:53:48,190 --> 01:53:52,590
all of which constituted nuisance conditions within the meeting of the ordinance.

1067
01:53:53,370 --> 01:54:00,390
Permit violation. Permit number 021 required make continent to comply with the sewer use ordinance,

1068
01:54:00,390 --> 01:54:06,390
maintenance, maintain adequate pre-treatment, prevent prohibited discharges, report operational

1069
01:54:06,390 --> 01:54:10,990
changes, and provide information necessary for the city to evaluate compliance.

1070
01:54:11,570 --> 01:54:17,630
The board finds that mid-continent violated permit number 021 by discharging QAC-Laden

1071
01:54:17,630 --> 01:54:21,310
effluent into the public water's waste water system.

1072
01:54:21,930 --> 01:54:29,190
QAC containing effluent is or may be toxic to his and is prohibited from individual discharge

1073
01:54:29,190 --> 01:54:35,190
in quantities that cause foaming, interferes by itself or in combination with other effluent

1074
01:54:35,190 --> 01:54:39,510
to interfere with the POTW or pass through the POTW.

1075
01:54:39,830 --> 01:54:44,590
The mid-continent discharge violated each of the above-sided provision and its permit

1076
01:54:45,010 --> 01:54:51,690
and caused the city to violate its permit issued by the DOD-EQ for operation of the waste

1077
01:54:51,690 --> 01:54:52,710
water facility.

1078
01:54:52,710 --> 01:55:02,590
These values constituted violation of permit number 021 and independently justified enforcement under the sewer use ordinance.

1079
01:55:03,450 --> 01:55:16,470
City investigation and enforcement, based upon finding a fact, the board concludes that the city acted reasonably in investigating the May 2025 treatment upset through field observation.

1080
01:55:16,470 --> 01:55:22,130
repeated sampling, biological testing, document request, facility inspections,

1081
01:55:22,590 --> 01:55:29,410
engineering evaluation, expert consultations, and continued communications with Midcontinent.

1082
01:55:29,710 --> 01:55:34,370
The city was not required to establish liability through direct observation of a discharge,

1083
01:55:34,890 --> 01:55:39,550
or through an exact chemical fingerprint before taking a enforcement action.

1084
01:55:40,050 --> 01:55:44,730
The evidence available to the city provided a reasonable factual basis to conclude

1085
01:55:44,730 --> 01:55:49,590
that mid-continent caused or contributed to the WRF upset.

1086
01:55:50,070 --> 01:55:54,530
The notice of violation was authorized by the sewer use ordinance and

1087
01:55:54,530 --> 01:55:58,930
supported by the evidence available to the city at the time of its issuance.

1088
01:55:59,410 --> 01:56:05,410
The administrative order likewise constituted a reasonable and authorized enforcement measure

1089
01:56:05,410 --> 01:56:12,370
based upon the findings of fact, the board concludes that the continued QAC detections

1090
01:56:12,370 --> 01:56:17,030
unresolved wastewater pathways, incomplete information, and inadequate

1091
01:56:17,030 --> 01:56:22,330
demonstrated pre-treatment justified the corrective measures imposed therein.

1092
01:56:23,710 --> 01:56:28,290
Mid-continent did not establish any affirmative defense recognized under Oklahoma

1093
01:56:28,290 --> 01:56:33,510
pre-treatment regulations. The evidence demonstrates that mid-continent new or

1094
01:56:33,510 --> 01:56:37,670
reasonably should have known that its handling and discharge of the QAC

1095
01:56:37,670 --> 01:56:44,670
containing wastewater could interfere with a biological wastewater treatment facility, cost recovery and penalties.

1096
01:56:45,350 --> 01:56:59,950
The sewer use ordinance authorizes recovery of costs reasonably incurred to investigate prohibited discharges, protect the POTW, restore treatment operations and enforce the city's pre-treatment program.

1097
01:56:59,950 --> 01:57:09,110
Based upon the finding of facts, the board concludes that the city's requested cost, including sampling, laboratory analysis, wet testing,

1098
01:57:11,670 --> 01:57:19,970
cationic, surfactant testing, biological receding, neutral and related treatment measures, engineering consulting,

1099
01:57:21,670 --> 01:57:28,670
consultation, regulatory response, ODEQ compliance efforts, wildlife related costs, employee time,

1100
01:57:28,670 --> 01:57:33,590
and associated enforcement expenses were reasonably and

1101
01:57:33,590 --> 01:57:37,490
necessarily incurred as a result of mid-contains violations.

1102
01:57:38,110 --> 01:57:46,770
The penalties and costs recovery sought by the city are authorized by the sewer use ordinance and are reasonable in light of nature of the violation.

1103
01:57:47,350 --> 01:57:55,590
The operational disruption to the POTW, the city's regulatory exposure, the downstream environmental consequences, and

1104
01:57:55,590 --> 01:57:57,610
and the resources required to investigate,

1105
01:57:57,910 --> 01:58:00,550
remediate, and prevent reoccurrence.

1106
01:58:01,070 --> 01:58:04,330
Midconn's violation of permit number zero to one,

1107
01:58:04,670 --> 01:58:07,270
cause response cost incurred by the city

1108
01:58:07,270 --> 01:58:13,370
in the amount of 104,799 and 46 cents.

1109
01:58:13,830 --> 01:58:16,050
The amounts are assessed to midcontinent,

1110
01:58:16,250 --> 01:58:20,090
which is ordered to pay the amounts within 10 days

1111
01:58:20,090 --> 01:58:21,810
of the date of this final order.

1112
01:58:21,810 --> 01:58:26,250
Response costs include enforcement costs are ongoing.

1113
01:58:26,870 --> 01:58:32,590
The city may subsequently assess its enforcement cost against mid-continent.

1114
01:58:33,190 --> 01:58:39,730
Mid-continent is entitled to appear any subsequent assessment under the terms of the

1115
01:58:39,730 --> 01:58:40,870
Enid Code of Ordnances.

1116
01:58:41,670 --> 01:58:42,030
Order.

1117
01:58:43,250 --> 01:58:49,870
It is therefore ordered and a judge that, one, mid-continent violated the general prohibited

1118
01:58:49,870 --> 01:58:54,670
the discharge provisions of Enid Code 8-3A-8.

1119
01:58:54,870 --> 01:59:00,710
The requirements of the Industrial User Permit Number 021 and the city's pre-treatment

1120
01:59:00,710 --> 01:59:07,370
program by discharging QAC containing wastewater that caused or contributed to interference

1121
01:59:07,370 --> 01:59:09,050
with the POTW.

1122
01:59:09,390 --> 01:59:16,810
Toxic effects within the biological treatment process, impairment of the city's OPDES

1123
01:59:16,810 --> 01:59:24,130
S-N-P-D-E-S compliance obligations and other prohibited conditions identified in the sewer

1124
01:59:24,130 --> 01:59:24,870
use ordinance.

1125
01:59:25,590 --> 01:59:25,770
2.

1126
01:59:26,510 --> 01:59:29,910
Notice the violations number 001 is affirmed.

1127
01:59:30,510 --> 01:59:30,990
3.

1128
01:59:31,670 --> 01:59:40,610
Administrative order and amended administrative order number NOV 001 are affirmed.

1129
01:59:40,610 --> 01:59:48,130
4. Mid-continent shall comply with the corrective measure set 4th in administrative order and administrative orders.

1130
01:59:48,770 --> 01:59:52,470
Numbers, NOV-001.

1131
01:59:52,990 --> 01:59:57,830
5. Mid-continent shall comply with all corrective measures imposed herein.

1132
01:59:58,450 --> 01:59:59,970
6. The city is

1133
02:00:00,000 --> 02:00:29,580
As awarded, recoverable cost in the amount of 104,799 and 46 cents. This is the amount shall be paid to the city within 30 days of the appealing parties receipt of the judgment of the board. The city's environmental compliance officer may proceed with any additional enforcement cost she finds necessary under the city's code. This decision is final unless appeal pursuant to 12

1134
02:00:29,580 --> 02:00:36,680
Oklahoma State 951 to the Garfield County District Court within 30 days of the

1135
02:00:36,680 --> 02:00:39,340
appealing party's receipt of the judgment of the board.

1136
02:00:39,920 --> 02:00:45,160
Wherefore, these findings affect and conclusions the law are issued as the final

1137
02:00:45,160 --> 02:00:49,960
judgment of the Environmental Enforcement Board as reflected by a vote held in

1138
02:00:49,960 --> 02:00:53,340
public session on August 11th, 2026.

1139
02:00:53,340 --> 02:00:55,980
six. Do I have a motion to?

1140
02:00:56,120 --> 02:01:01,560
There needs to be one correction if you'll scroll back up to...

1141
02:01:05,400 --> 02:01:06,260
So you thought about on?

1142
02:01:07,860 --> 02:01:09,220
Scroll up just a little further.

1143
02:01:09,860 --> 02:01:15,420
The amount should be 30 days of the date of the final order there.

1144
02:01:16,060 --> 02:01:20,400
So your motion will need to include that amendment to the order.

1145
02:01:21,220 --> 02:01:30,520
Okay. So 30 days. Do I have a motion to amend it? Do we do that all one motion to amend?

1146
02:01:30,920 --> 02:01:41,280
I will make a motion to approve. Order as with the amendment of 30 days. Okay,

1147
02:01:43,800 --> 02:01:44,060
cash

1148
02:01:44,060 --> 02:01:44,960
about it.

1149
02:01:52,490 --> 02:01:58,730
It's not working. The amendment was on the time to pay the. Yeah, it's a 10 days

1150
02:01:58,730 --> 02:02:00,690
There's one place that should have read 30 days.

1151
02:02:00,890 --> 02:02:02,010
30 days, thank you.

1152
02:02:05,040 --> 02:02:06,520
Just vote by show of hands.

1153
02:02:07,020 --> 02:02:07,780
Oh, yeah.

1154
02:02:08,040 --> 02:02:08,420
Oh, sure.

1155
02:02:08,840 --> 02:02:09,720
It might be okay.

1156
02:02:13,610 --> 02:02:14,690
Okay, catch your balance.

1157
02:02:16,010 --> 02:02:16,890
Passes 40.

1158
02:02:18,430 --> 02:02:19,830
Number five, public comment.

1159
02:02:20,470 --> 02:02:21,390
Is there a hand sign?

1160
02:02:21,810 --> 02:02:23,030
I don't think anybody's found out.

1161
02:02:23,830 --> 02:02:26,510
Okay, do the habit motion do a adjourn?

1162
02:02:27,730 --> 02:02:29,230
I will make a motion to adjourn.

1163
02:02:29,630 --> 02:02:30,410
Ah, seconded.

1164
02:02:30,870 --> 02:02:32,190
All right, catch your ballot.

1165
02:02:34,230 --> 02:02:35,430
Passes five, four zero.

1166
02:02:36,030 --> 02:02:37,130
Thank you very much, Mr. Chair.