ENFORCEMENT COMPLIANCE SCHEDULE LETTER
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. HARRY E. WILD, P.E.
<1914-1971)
. HAROLD c. BRIL.EY, P.E.
(1908-1970)
. B. N. WIL.SON, P.E.
11891-19731
!B'tilefj, <Wild & cffHociate~
CONSULTING ENGINEERS
ORMOND BEACH CLEARWATER
FLORIDA
. FEASIBIL.ITY
. PL.ANNING
. REPORTS
. APPRAISALS
. CONSULTATION
. OESIGN
. INSPECTION
. RESEARCH
. ....ARRy E. WIL.D, ..IR., p.E.
. .JOHN F. DENNIS, p.E.
Februa ry 17, 1 977
. A. J. BIRCHALL., P.E.
. L. J. DILLARD) JR., P.E.
. WILLIAM C. DUKE, M.E.
. STEVEN E. THAYER, P.E.
WHEN REPL.YING PLEASE ADDRESS:
408 SOUTH PROSPECT AVENUE
CL.EARWATER, FLORIDA 33516
813/442-7196
Mr. Picot B. Floyd
City Manager
City Hall
Clearwater, Florida
Attention: Mr. Max G. Battle
Dear Mr. Floyd:
Re: Enforcement Compliance Schedule Letter
NPDES Permit No. FL 0021865
Clearwater East Treatment Faci lity
We have reviewed the revised enforcement compliance letter dated February 8,
1977, from Mr. George L. Harlow, Chief of the Water Enforcement Branch of
the Environmental Protection Agency, regarding the compliance schedule for the
Clearwater East Treatment Faci Iity, NPD ES FL0021865.
The revised compliance schedule, Attachment 1\ of the letter, states that operational
level to meet final effluent limitations will be not later than July 31, 1980. This
date agrees with the compliance schedule originally submitted to EPA by the City.
Therefore, the City can execute the enforcement compliance schedu Ie letter and
return it to the Environmental Protection Agency.
Very truly yours,
BRILEY, WIW & ASSOCIATES
CONSULTING ENGINEERS
.,~~
onn F. Dennis, P. E.
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cc: Mr. Max G. Battle
Mr. Anthony L. Shoemaker
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ENFORCEMENT COMPLIANCE SCHEDULE LETTER
Subject: NPDES Permit No.
FL002l865
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Name of Permittee:
City of Clearwater
Location of Permitted Discharge: East Plant, Gulf to Bay Boulevard
Clearwater, Florida
Dear Sir:
The above cited permit (the "Permit") requires the discharge identified
in and authorized by the Permit (the "Discharge") to meet the final effluent
limitations (the "Limitations") contained in the Permit by the July 1, 1977,
date specified in section 30l(b) (1) of the Federal Water Pollution Control
Act (the "Act"). Section 30l(b) (1) of the Act and subsequent decisions of
the Administrator of this Agency and Federal Courts prevent a permit issued
pursuant to section 402 of the Act from embodying a compliance schedule to
achieve the Limitations later than such a date.
The permittee has submitted documentation intended to establish that it
cannot, despite all reasonable best efforts, achieve the Limitations from the
discharge between the final effective date of the Permit and July 1, 1977.
The compliance schedule contained in the Permit notwithstanding, this
Agency, in the exercise of its prosecutorial discretion, will not take action
against the Permittee under section 309 of the Act with respect to the Permittee's
failure to achieve the Limitations on and after July 1,1977, until the date
specified herein for the achievement of the Limitations; provided, however,
that the Permittee complies with all 'of the conditions contained in Attachment
I (Interim Limitations) and Attachment II (Schedule of. Compliance), and pro-
vided further, that conditions do not arise which warrant an emergency action
under section 504 of the Act or modification of the Permit.
The Permittee should note that this Enforcement Compliance Schedule Letter
does not preclude the initiation of an action, pursuant to section 505 of the
Act, by a third person other than the Agency to enforce the Permit's require- "
ments to achieve the Limitations by July 1, 1977.
This Enforcement Compliance Schedule Letter does not constitute a"waiver
with respect to or imply that the Agency will not take appropriate enforcement
action against the Permittee for its failure to: (1) achieve the Limitations
on and after July 1, 1977, if the Permittee does not fully satisfy the condi-
tions set forth above; or (2) fully comply with other relevant statutory,
regulatory, permit and other legal requirements with regard to the Permittee.
R :: C t ~li E C
FE'B :1 1 Y9lT
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Unless previ~usly revoked, the effectiveness of this Enforcement Compliance
Letter shall expire thirty (30) days after the date specified in Attachment
II for achievement of the Limitations of the Discharge.
Sincerely yours,
Paul J. Traina
Director
Enforcement Division
Region IV
The Permittee hereby agrees that the schedule of compliance, Attachment II,
for the achievement of the Limitations from the Discharger is reasonable
and 8chieveable and the Permittee will comply with that schedule.
permit~e , ' ~
By A{ ~(\ 1), +t~<.)
Authorized Offi~:f:a..l,)
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