dep 

west virginia deportment of environmental protection 

(),, 1~111n ul \\ ;Her .md \\ .i'lc \ lana!!crm:nl 

60 I s-· <;tn:ct SE -

Charbwn. \\'V :!530·1 

l'honc: (JO·I) 926-!J.I<JS 

hi'.: (30 I) 926-0-l(t) 

COl"SENT ORDER 

ISSUED UNDER Til ~ 

I· .trl Ra~ I ombhn. < "'' cmnr 

Rand~ \. !Iuffman. Cahincl Sn rl.'l.t~ 

\\' \\'W.dcp. ll \' .).:U \ 

WAT ER PO LLUTI ON TI ~OL ACT 

WEST VIRGI NIA CODE, C IIAPTER 22, ARTICLE II 

TO: Ci ty of Whc.:c ling 

Rusty Jebbia. Director or Public Works 

PO Box 63-IR 

Wheeling. \VV 26003 

Jl"TRODUCTION 

0 :\TE: ~fay 2011 

ORDER NO.: 7003 

This Con. ent Order is issued b~ the Director of the Di' ision of Watc.:r and \\"aste 

\ lanagcmcnt (hereinafter ·Oir~:: ctor'" . under th ~:: authority of \\'est Virginia Code. Chapter 22. 

Article II. Section I et seq. to City of Whee ling (hereinafter "Wheeling"). 

FINOJ!'iGS OF FACT 

In suppon or this Order. the Director hereby finds the following: 

I. Wheeling operates a Public Owned Treatment Works (J>OTW) located in Wheeling. Ohio 

County, \Vest Virginia. Wheeling was issued \\'V/NPDES \\'ater Pollution Comrol 

Pcnnit o. \\'V0023230 on June 9. 2006. 

2. Liquid Asse t Disposal (LI\D) is a pri vate ly owned specialty wastewater rece iving and 

treatment systc.:m in Wheeling. Ohio Coumy. West Virginia which accepts. or previously 

m:ccpted. a 'ariety of wastcwnter by tank trucks from sources associated with sepwgc and 

SC\\ age faci I it il.:s. stom1 water from an i ntcrnntional airport. wastewater associated with 

gas \\'ell dcvdopment nnd production. and other wastcstreams from other acti\'itics. 

3. LAD is recognized by Wheeling as a Significant Industrial User (SIU) and is authorii'cd 

to discharge into Whecling·s wastewater collection and treatment system by SIU Permit 

No. 00 1-1 which expired on September 30. 2009 and was administrati"cly l.!Xtcnded by 

\\'heeling. on a number or occasions. to 1\ larch 31. 20 I 0. 

Promoting a healthy environment. 
City of Wheeling Consent Order 

Page2 

4. SIU Permit No. 0014 issued to LAD by Wheeling allows LAD to discharge a maximum 

daily flow of 200,000 gallons per day, except for a variance of an additional 35,000 

gallons per day from April 2, 2008 to January 1, 2009. 

5. SIU Permit No. 0014 also limited the acceptance of industrial wastewater from the 

following: Columbia, People and East Ohio Gas Companies, Alta Corporation, Pittsburgh 

International Airport, Union Camp "A", American Truck Wash and various fast food 

restaurants. 

6. Although violations noted within this paragraph have been addressed and are not 

currently occurring or continuing, the information provided herein establishes an historic 

rationale for the penalty assessed. On November 6, 2008, West Virginia Department of 

Environmental Protection (WVDEP) issued Order 6568 to Wheeling requiring the 

following: 

a. Wheeling shall immediately modify its permit to LAD to include chloride limitations 

of9,000 lbs/day maximum daily and 6,000 lbs/day average monthly. Wheeling was 

further advised to conduct an evaluation to inhibit interference and was permitted to 

impose limits more stringent than required by this Order. 

b. Wheeling shall monitor chloride at Outlet 001 once per week and comply with the 

chloride limitations of 1,238 mgll average monthly and 2,484 mgll maximum daily. 

c. Within ninety (90) days, Wheeling shall submit a permit modification application to 

the WVDEP to incorporate a local limit for chlorides. 

d. Wheeling shall use a new DMR for the remainder of its WV /NPDES permit. 

Wheeling implemented this requirement. 

Wheeling did not appeal the conditions of Order 6568. 

7. From chloride sampling data submitted by Wheeling and collected by Wheeling (denoted 

in red) and LAD (denoted in black) (refer to Table 1), LAD exceeded its 9,000 pound 

daily chloride limitation fifty (50) times from January 8, 2009 to February 4, 2010, a 

violation of the terms and conditions of Order 6568, a violation of the Code of West 

Virginia. Chapter 22, Article 1 1, Section I et seq. {§22-1 I-I et seq.). 

8. By correspondence dated February 3, 2009 from Wheeling to WVDEP, Wheeling 

submitted a proposed timeline and requested an extension to submit a permit 

modification application to incorporate a local limit for chlorides as required by Order 

6568. 

9. On April21-22, 2009, WVDEP conducted a sampling inspection at LAD and determined 

LAD had failed to comply with Wheeling's SIU permit. Specifically, WVDEP identified 

and sampled industrial wastewater from tank trucks hauling wastewater associated with 

Marcellus shale drilling activity and discovered several violations. To date, Wheeling 

has failed to enforce the terms and conditions of its Industrial User Permit Program. 
City of Wheeling Consent Order 

Page3 

I 0. On or about July 21, 2009, a plant upset began to develop at the Wheeling POTW which 

required several weeks of vigilant action necessary to recover, including the introduction 

of"seed" sludge from a neighboring POTW. 

II. On August 4, 2009, WVDEP personnel conducted a Pretreatment Compliance Inspection 

(PCO at Wheeling and detennined several deficiencies. 

12. Although violations noted within this paragraph have been addressed and are not 

currently occurring or continuing, the infonnation provided herein establishes an historic 

rationale for the penalty assessed. On August 11, 2009, WVDEP issued Order 6568, 

Amendment Number 1 to Wheeling requiring the following: 

a. Wheeling shall conduct a head-works analysis and establish a Maximum Allowable 

Headworks Loading (MAHL) for the pollutants of concern listed in the findings of 

fact. If the actual loading of any of the pollutant is more than 20% of the MAHL, a 

local limit must be developed for the pollutant and adopted. Wheeling must also 

develop a local limit for all pollutants that may cause interference, inhibition, or pass 

through at the POTW. Wheeling contracted KLH Engineers to conduct this study and 

provide recommended Maximum Allowable Industrial Loads (MAIL) for chlorides 

only. To date, the loading study for the additional pollutants of concern has not been 

conducted, a violation of the tenns and conditions of Order 6568 Amendment 

Number I (a violation of §22-11-1 et seq.). 

b. Oil and gas related wastewaters shall not be introduced or connected into a combined 

sewer at a point where there are combined sewer overflows between the 

introduction/connection point and the headworks. Wheeling has a total of four points 

in the collection system identified as combined sewer overflows between LAD and 

the POTW. Two, identified as Wl6 and W18, are located in such a manner that an 

overflow from either point is extremely unlikely due to its configuration and 

construction. The remaining two, identified as WI R and 0 I OR/002, are located 

between LAD and the POTW head works and capable of discharging a percentage of 

LAD wastewater into the receiving stream. All are violations of the terms and 

conditions of Order 6568, Amendment Number 1 (a violation of §22-11-1 et seq.), 

and its WVINPDES pennit 

c. Wheeling shall conduct a thorough testing on the nondomestic wastewater to 

detennine if it is pennissible and does not cause a fire or explosion hazard. On or 

before September 1 S, 2009, Wheeling shall modify its permit to LAD to require 

regular closed cap tlashpoint testing and to impose a minimum tlashpoint limitation 

of 140 degrees Fahrenheit. To date, Wheeling has failed to implement this 

requirement, a violation of the tenns and conditions of Order 6568, Amendment 

Number I (a violation of §22-11·1 et seq.). 

d. Due to the nature of the organic pollutants present in the nondomestic wastewater, Wheeling shall evaluate, on or before January 31, 2010, the necessity of establishing 

limits to be protective of workers. To date, Wheeling has failed to implement this 
City of Wheeling Consent Order 

Page4 

requirement, a violation of the terms and conditions of Order 6568, Amendment 

Number 1 (a violation of §22-11-1 et seq.). 

e. Wheeling shall take measures to ensure that the acceptance of LAD wastewater 

during wet weather does not lead to increased wet weather discharges from CSOs. 

f. Wheeling shall determine, on or before January 31,2010, ifthe wastewater is a 

hazardous waste. To date, Wheeling has failed to implement this requirement, a 

violation of the terms and conditions of Order 6568, Amendment Number 1 (a 

violation of §22-11-1 et seq.). 

g. Wheeling shall coordinate with the Nuclear Regulatory Commission and/or WV 

Department of Health on or before January 31, 201 0 to determine what approvals 

might be necessary to accept Technology Enhanced Naturally Occurring Radioactive 

Materials (TENORM). 

h. Wheeling shall begin monthly composite (when permissible by method) monitoring 

for the pollutants listed in the Order at the discharge from Outlet 001 on or before 

September 2009. 

1. Extended the deadline to January 31, 201 0 for submittal of a permit modification 

application to the WVDEP to incorporate a local limit for chlorides. 

j. Wheeling shall continue to evaluate and determine the cause of the operational issues 

with its UV disinfection system and take corrective actions before January 31, 2010. 

Wheeling did not appeal the conditions of Order 6568, Amendment No. 1. 

13. Although violations noted within this paragraph have been addressed and are not 

currently occurring or continuing, the information provided herein establishes an historic 

rationale for the penalty assessed. On August 21,2009, a meeting between Wheeling and 

LAD was held. A copy of minutes recorded at the meeting revealed: 

a. Wheeling admits that it is taking oil and gas wastewater "well above the 1% that is 

allowed". 

b. Wheeling expressed concerned about the lack of diversity in microorganisms and that 

the plant was essentially dead. 

c. Wheeling acknowledged that the LAD discharge killed the plant. 

d. Wheeling acknowledged statements from employees about uncharacteristic strong 

offensive odors causing breathing difficulty and light headedness. 

e. Wheeling acknowledged that the UV system was previously working but are now 

utilizing chlorination for disinfection and are experiencing an abnormally high 

chlorine demand. 

f. Wheeling acknowledged that LAD has been in violation of Wheeling's SIU Permit 

No. 0014 as amended by Order 6568. 

g. Wheeling acknowledged that it had received a large volume of black solids from 

LAD since July. 
City of Wheeling Consent Order 

PageS 

h. Wheeling acknowledged that it, and LAD, had an ongoing grave situation and 

Wheeling could not wait 18 months for resolution. 

14. By correspondence dated August 21,2009 from Wheeling to LAD, LAD was instructed 

to immediately cease acceptance and disposal of any oil and gas related wastewater. This 

letter further clarified the directive as a mandate from WVDEP due to the existence of 

Combined Sewer Overflows (CSO) located between the LAD discharge into the sewer 

system and the Wheeling POTW. 

15. By correspondence dated August 25,2009 from Wheeling to WVDEP, Wheeling 

confirmed that the POTW was recovering from "upsetn conditions and confirmed that 

LAD had ceased acceptance of oil and gas wastewater into its system. Wheeling also 

confirmed that "seedn (from a neighboring POTW) had been introduced into its system to 

facilitate the recovery and offered hope that the facility would "come into compliance 

very shortlyn. 

16. By correspondence dated September 21, 2009 from Wheeling to LAD, Wheeling 

extended SIU Permit No. 0014 to LAD until November 30,2009. The daily maximum 

flow was authorized as 200,000 gpd with no limitations on chloride. 

17. By correspondence dated September 24,2009 from Wheeling to WVDEP, Wheeling 

requested written relief from Order 6568, Amendment Number 1. To date, relief has not 

been granted and the Order remains in full force and effect. 

18. By report dated October 2009, KLH Engineers provided results of a Maximum 

Allowable Headworks Loading {MAHL) analysis for Wheeling. The analysis 

recommended a Maximum Daily Industrial Load (MAIL) chloride concentration of 1,806 

mg/1 from each of its four industrial users. KLH further provided a balanced limit for the 

four industrial users by recommending that LAD have a chloride mass limit of 3, 723.80 

lbs/day, a chloride concentration limit of 1,900 mg/1 and allotted a maximum daily flow 

of235,000 gallons. 

19. On November 17, 2009, WVDEP conducted a Compliance Evaluation Inspection at 

Wheeling and documented several deficiencies. 

a. Wheeling failed to comply with all of the terms and conditions of Order 6568 and 

subsequent Addendum Number 1. 

b. The discharge from Wheeling was slightly turbid and causing a crispy white foam in 

the receiving stream, a violation of Legislative Rule, Title 47, Series 2, Section 3 

{47CSR2-3). In response to a WVDEP Notice of Violation issued to Wheeling on 

August 10,2007, Wheeling committed {by letter dated September 2, 2007) to control foam by dripping defoamer into the wastewater effluent. 

c. Wheeling was experiencing operational interference, inefficiency, or possible upset as 

diagnosed by several indicators including increase chlorine demand, sagging 

dissolved oxygen, loss of clarity in effluent, ultra-violet disinfection failures and 

suspicious odors, all of which were previously identified by Wheeling during upset 

conditions in July 2009. 

d. Wheeling had failed to enforce its Industrial User Permitting authority. 
City of Wheeling Consent Order 

Page6 

20. By correspondence dated November 20, 2009 from Wheeling to LAD, Wheeling 

extended SIU Pennit No. 0014 to LAD until January 31, 2010. Further, the 

correspondence stated that the discharge limits may be affected by a wastewater 

treatment plant headwork's analysis that Wheeling had recently received and that the 

Wheeling pretreatment coordinator would communicate any details of required changes 

to LAD as soon as possible. 

21. By correspondence dated December I, 2009 from WVDEP to Wheeling, Wheeling was 

notified that USEPA rules for pretreatment program had been adopted by WVDEP and 

Wheeling must implement the same into its regulatory program. Wheeling was further 

advised to submit a penn it modification on or before June I, 201 0. 

22. On January 21, 20 I 0, during routine activities in the vicinity of Wheeling's Outlet 00 I, 

WVDEP discovered "Conditions Not Allowable", a significant amount of crispy white 

foam floating on the Ohio River emanating from and downstream of Wheeling's Outlet 

001, a violation of47CSR2-3. Notice ofViolation No. NW-EAD-012110-001 was 

issued. 

23. On January 21-22, 20 I 0, WVDEP conducted a reconnaissance inspection at Wheeling 

and documented several deficiencies. 

a. Wheeling failed to comply with all ofthe tenns and conditions of0rder6568 and 

subsequent Addendum Number 1 (a violation of §22-11-1 et seq.). 

b. The discharge from Wheeling was turbid and causing a crispy white foam in the 

receiving stream, a violation of47CSR2-3. 

c. Wheeling failed to operate the defoamer unit, a violation of its WV/NPDES pennit 

(Appendix A.II.l ). 

d. Wheeling was experiencing operational interference, inefficiency, or possible upset as 

diagnosed by several indicators including sagging dissolved oxygen, loss of effluent 

clarity, ultra-violet disinfection failures and suspicious odors, all of which have 

previously been identified by Wheeling during upset conditions in July 2009. 

e. Wheeling affinned that it had experienced a "pass-through" of a pink color after it 

was noted by WVDEP that the foam present in the effluent channels had a pink color, 

a violation of 4 7CSR 10-14. The pink coloring was attributed by Wheeling to a 

confinned "red" effluent coming from LAD on January 20,2010. 

f. Wheeling failed to report an unlawful discharge of red color, a violation of 47CSR11-

2. 

g. Wheeling has failed to enforce its Industrial User Pennitting authority. 

24. By correspondence dated January 26, 20 I 0 from Wheeling to LAD, Wheeling extended SIU Permit No. 0014 to LAD until March 31, 2010. Further, the correspondence stated 

that the discharge limits may be affected by a wastewater treatment plant headwork's 

analysis that Wheeling had recently received and that the Wheeling pretreatment 

coordinator would communicate any details of required changes to LAD as soon as 

possible. 
City of Wheeling Consent Order 

Page7 

25. A review of Wheeling's Discharge Monitoring Reports for 2008 and 2009 revealed 

eighteeen ( 18) excursions (refer to Table 2). 

26. To date, Wheeling has not enforced SIU Permit No. 0014 issued to LAD. 

27. On March I, 2010, WVDEP received Wheeling's annual pretreatment implementation 

activities report for January 1 thru December 31, 2009. Upon review of the annual 

report, WVDEP personnel determined that it revealed the following violations: 

a) Wheeling granted administrative extensions of SIU permits for LAD, Swisher 

International, Allied Waste and North Park Landfill, all violations of its WVINPDES 

permit (Section E.4.a). 

b) The annual report did not include: copy(ies) of the publication(s) of the SIU's in 

significant non-compliance (SNC), as required by its WV/NPDES permit (Section 

E.4.d); did not include a description of timely and appropriate enforcement action 

taken by Wheeling to address LAD's SNC of its chlorides limitation, a requirement of 

its WV/NPDES permit (Section E.4.e); and, did not provide a summary of violations 

regarding LAD's significant non-compliance of its chlorides limitation, a requirement 

of its WV/NPDES permit (Section E.6.d); all are violations of its WV/NPDES permit 

(Section E.6.d). 

28. On May 6, 2010, Wheeling representatives met with WVDEP personnel to discuss the 

draft Order. Wheeling submitted information for WVDEP's consideration, including a 

request to have its ability to pay a civil administrative penalty evaluated. Subsequent to 

the meeting, Wheeling submitted additional financial information related to that request. 

Upon review, in accordance with USEP A economic models, it was determined that 

Wheeling has a reduced ability. 

29. Wheeling's additional information indicated that it was no longer accepting oil and gas 

wastewater into its system. The other information submitted by Wheeling warranted no 

additional changes to the draft Order. 
Table I 

1/8/2009 16 071 

1/23/2009 17 247 

112911009 21.559 

21612009 30,525 

2/6/2009 39 I 89 

2110/2009 15,91./ 

2/ 10/2009 18.-1 23 

2111/2009 J?,833 

211212009 18,037 

2112/2009 2 1.559 

2119/2009 /5,835 

2/ 19/2009 17.639 

3/-1/2009 I 05.83-1 

3/12/2009 70.556 

3/19/2009 97.995 

3/27/2009 43.118 

313112009 28,847 

4/ 1/2009 3 1.384 

41112009 32,111 

.J/212009 }1.331 

41312009 5, 744 

4/412009 2~.601 

41512009 43,564 

4/8/2009 39 198 

41812009 20,215 

419/2009 36,l18 

411012009 29,627 

4111/2009 20,435 

4112/2009 205 

4/ 17/2009 54,877 

-1/23/2009 31,38-1 

-1/30/2009 35.278 

51712009 II 367 

5/1 4/2009 39 198 

5/2 1/2009 23 519 

5/27/2009 35,278 

5/27/2009 36,033 

6/-1/2009 25.479 

Cit) of Wheeling Consent Order 

Page 8 

6/ 12/2009 31.358 

6/ 18/2009 33.3 18 

611812009 27,205 

6/25/2009 50.957 

7/2/2009 17.639 

71212009 15,973 

711 0/2009 35.278 

7/ 16/2009 39, 198 

7/23/2009 48.998 

8/6/2009 25.-179 

8/14/2009 27.439 

8/18/2009 23.519 

8: 1812009 17,564 

S/2512009 I 673 

8/27/2009 19-1 

812 712009 966 

812812009 3232 

9/1/2009 550 

9/ 1/2009 406 

9/2/2009 314 

9/212009 41 7 

9/312009 1014 

9/412009 Ill 

91512009 191 

91612009 179 

91912009 1307 

9/l 0/2009 4560 

9/ 1012009 6071 

9111/2009 r? )_

911112009 501 

9/17/2009 1763 

9/ 18/2009 780 

9/ /lJ/2009 1388 

9/24/2009 1949 

912412009 2308 

9/25/2009 2565 

9/2512009 4074 

9/29/2009 8119 
Cit~ of Wheeling Consent Order 

Pngc 9 

Tabl e I 

(continued) 

112112010 3256 

-t63 6 112212010 1057 

9.]0/]009 5801 112312010 1792 

I(} I 012009 1849 112412010 96 

I 011/2009 282 1/2612() 1 () 1127 

I 01212009 4837 112712010 353 

10!2r1009 66!)9 I '2 t/12 IJ 1 0 742 

I 0/6/2009 91 _) ~ 112912010 270 

ltJ/612009 1 909 1130120 I() 1990 

10/7/2009 5.1 0~ 113 112{) 1 {) 105,') 

101712009 4521 2111201 () 371 

I Ot812009 3337 212/2(} I(} 2326 

/()811009 3622 21312010 3211 

I 0/9/2009 6633 2f.ll 2() I 0 1384 

/{} 2009 746 .. 

I 10 1~ 2009 I 6179 

1-I fl 1412009 45.f3 

r _ _!_(J/ 1512009 5735 

10 16 •2009 4035 

I 0 '23/2009 377 I 

I 0/30/2009 20 

11/.Y/2009 f-- 722 

19 2009 849 

12 412009 829 

I 121tV·'2009 532 

1211612009 468 

12123/2009 1800 

12/2912009 590 

f. 712010 793 

1/ 912010 276 

1102010 238 

I /, 13 .. 2010 541 

JI J./120](1 l.f6.f 

/, 1512010 

-I 

459 

1 /6.2010 439 

1.1 712010 

-I 

289 

I 11912010 526 

I 20 '2010 60l~ 
Outlet Date 

001 I JulY 09 

001 July 09 

()() ) I Auu 09 .. 001 I :\U!! 09 

' 00 1 I Scpt 09 

00 1 -, Dec 09 

101 feb OR 

101 Feb OS 

101 Feb 08 

101 April 08 

101 I Juh· OS 

101 I 

I Auu. OH 

i 101 I Auu 08 I 

" ' 

Tnble 2 

Parameter Limit (mg/11 

counts, or '%) 

Fecal Coliform I -100 1 cnts 

Fecal Coliform 400' cnts 

Fecal Coliform 400' cnts 

Fecal Colifom1 -too' cms 

Fecal Coliform -too• cnts - Fecnl Coliform , -too• cnts 

BOD JO- mf.!/1 

BOD -15·' mg/1 

% 1300 >85%-

t\mmonia 301 mull 

BOD 30- 111!!11 

BOD :w- mull 

Ammonia 15-m!!/l I "'()• I 

I 

I 

Cit~ of \\'ht:chng Const:nt Order 

Page I 0 

Reported (mg/11 

counts or %} 

>600 ClliS I 

>GOO ClliS 

4 I 0 ClliS 

420 cnts 

600 ClliS - 600 ClliS 

33.1 mg/1 

45.3 mg/1 

84.7°u 

33.1 l 

32.7 mg I 

3 I .-l ml.!/1 

15.1 Ill!.!. I 

s. 7 111 I 'I 
ORDER FOR COMPLIANCE 

City of Wheeling Consent Order 

Page II 

Now, therefore, in accordance with Chapter 22, Article 11, Section 1 et seq. of the West 

Virginia Code, it is hereby agreed between the parties, and ORDERED by the Director: 

1. Whee1ing shall immediately take all measures to initiate compliance with all tenns and 

conditions of its WV/NPDES pennit. 

2. Administrative Order No. 6568 and Amendment No. 1 to Order No. 6568 are hereby 

rescinded as of the effective date of this Order. 

3. Within thirty (30) days of entry of this Order, Wheeling shall submit for approval a 

proposed corrective action plan and schedule, outlining action items and completion dates 

for how and when Wheeling will achieve compliance with all tenns and conditions of the 

permit and/or pertinent laws and rules. The corrective action plan shall be submitted to: 

Environmental Inspector Supervisor 

NW Regional Environmental Enforcement Office 

2031 Pleasant Valley Road 

Fairmont, WV 26554 

A copy of this plan shall be submitted to: 

Chief Inspector 

Environmental Enforcement- Mall Code 1#031328 

WVDEP 

601 571

h Street SE 

Charleston, WV 25304 

Upon approval, the corrective action plan and schedule shall be incorporated into and 

become part of this Order, as if fully set forth herein. Failure to submit an approvable 

corrective action plan and schedule or failure to adhere to the approved schedule is a 

violation of this Order. 

4. Upon entry ofthis Order, Wheeling shall continue to cease and desist acceptance of all 

oil and gas wastewater. Once Wheeling has made sufficient improvements in its 

pretreatment program to properly regulate this waste stream, Wheeling may petition the 

WVDEP, in writing, to accept this waste stream. Wheeling shall not accept this waste 

stream at its facility until it receives written authorization from WVDEP. 

5. Upon entry of this Order, Wheeling shall begin daily monitoring for chlorides at LAD by 

grab sample. Analytical results shall be maintained at the Wheeling POTW and available 

for review by WVDEP personnel upon request. Daily monitoring for chlorides shall 

continue until the continuous conductivity monitoring device described in Item No. 6 of 

this Order for Compliance is installed, calibrated and operating for a period sufficient for 

Wheeling to detennine a correlation between the chlorides level and the conductivity. 
City of Wheeling Consent Order 

Page 12 

Wheeling shall continue the daily monitoring of chlorides for a minimum of thirty (30) 

days from installation, calibration and operation of the continuous conductivity 

monitoring device. 

6. Within ninety (90) days of entry of this Order, Wheeling shall have installed a continuous 

conductivity monitoring and recording device at LAD to detect unlawful dumping or 

disposal of chloride saturated water. 

7. Upon entry of this Order, Wheeling shall immediately initiate updating its Pretreatment 

Permitting strategy and management and identify all authorized users and sources. 

8. Upon entry of this Order, Wheeling shall immediately maintain a daily log to document 

all pass through, interference and unauthorized spills. This log shall be maintained at the 

wastewater treatment plant and be available for review by WVDEP personnel upon 

request. The daily log shall reflect not only the date, time and description of incident, but 

also Wheeling's notification in accordance with 47CSR11-2. 

9. Within forty-five (45) days of entry of this Order, Wheeling shall complete all necessary 

repairs to the UV disinfection unit and return it to service. 

10. Upon entry of this Order, Wheeling shall return the defoamer unit to service and maintain 

its continuous operation, as necessary. Wheeling shall make no less than two visual 

observations per day of the effluent to determine foam control effectiveness and report all 

observations in a log book to be maintained at the wastewater treatment plant and be 

available for review by WVDEP personnel upon request. 

11. Should the defoamer unit prove to be ineffective in controlling the foam at the discharge, 

Wheeling shall pursue either an alternative or simultaneous method of controlling the 

foam. 

12. Because of Wheeling's Legislative Rule and permit violations, Wheeling shall be 

assessed a civil administrative penalty of fifty-nine thousand one hundred seventy dollars 

($59,170) to be paid to the West Virginia Department of Environmental Protection for 

deposit in the Water Quality Management Fund in accordance with the following 

payment schedule: 

Payment I in the amount of $9,861 due on or before December I, 201 I. 

Payment 2 in the amount of $9,861 due on or before January I, 2012. 

Payment 3 in the amount of $9,861 due on or before February I, 2012. 

Payment 4 in the amount of $9,861 due on or before March I, 2012. 

Payment 5 in the amount of $9,86I due on or before April I, 2012. 

Payment 6 in the amount of $9,865 due on or before May 1, 2012. 

Payments made pursuant to this paragraph are not tax-deductible for purposes of State or 

federaliaw. Payment shall be mailed to: 
Chief lnspec:tor 

City of Wheeling Consent Order 

Page 13 

Environmental Enforcement- Mail Code 1#031328 

WV-DEP 

601 571

b Street SE 

Charleston, WV 25304 

OTHER PROVISIONS 

I . Wheeling hereby waives its right to appeal this Order under the provisions of Chapter 22, 

Article I 1, Section 21 of the Code of West Virginia. Under this Order, Wheeling agrees 

to take all actions required by the terms and conditions of this Order and consents to and 

will not contest the Director's jurisdiction regarding this Order. However, Wheeling does 

not admit to any factual and legal determinations made by the Director and reserves all 

rights and defenses available regarding liability or responsibility in any proceedings 

regarding Wheeling other than proceedings, administrative or civil, to enforce this Order. 

2. The Director reserves the right to take further action if compliance with the terms and 

conditions of this Order does not adequately address the violations noted herein and 

reserves all rights and defenses which he may have pursuant to any legal authority, as 

well as the right to raise, as a basis for supporting such legal authority or defenses, facts 

other than those contained in the Findings of Fact. 

3. If any event occurs which causes delay in the achievement of the requirements of this 

Order, Wheeling shall have the burden of proving that the delay was caused by 

circumstances beyond its reasonable control which could not have been overcome by due 

diligence (i.e., force majeure). Force majeure shall not include delays caused or 

contributed to by the lack of sufficient funding. Within three (3) working days after 

Wheeling becomes aware of such a delay, notification shall be provided to the 

Director/Chief Inspector and shall, within ten (10) working days of initial notification, 

submit a detailed written explanation of the anticipated length and cause of the delay, the 

measures taken and/or to be taken to prevent or minimize the delay, and a timetable by 

which Wheeling intends to implement these measures. If the Director agrees that the 

delay has been or will be caused by circumstances beyond the reasonable control of 

Wheeling (i.e., force majeure), the time for performance hereunder shall be extended for 

a period of time equal to the delay resulting from such circumstances. A force majeure 

amendment granted by the Director shall be considered a binding extension of this Order 

and of the requirements herein. The determination of the Director shall be final and not 

subject to appeal. 

4. Compliance with the terms and conditions of this Order shall not in any way be construed 

as relieving Wheeling of the obligation to comply with any applicable law, permit, other 

order, or any other requirement otherwise applicable. Violations of the tenns and 

conditions of this Order may subject Wheeling to additional penalties and injunctive 

relief in accordance with the applicable law. 
City of Wheeling Consent Order 

Page 14 

5. The provisions of this Order are severable and should a court or board of competent 

jurisdiction declare any provisions to be invalid or unenforceable, all other provisions 

shall remain in full force and effect. 

6. This Order is binding on Wheeling, its successors and assigns. 

7. This Order shall tenninate upon Wheeling's notification of full compliance with the 

"Order for Compliance" and verification of this notification by WVDEP. 

Date 

Public Notice begin: 

Date 

Public Notice end: 

Date 

Scott G. Mandirola, Director Date 

Division of Water and Waste Management 

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