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Board briefed on amended DEQ consent orders; penalties reduced but deadlines extended
Summary
City staff told the board that amended consent administrative orders with the Department of Energy and Environment/Division of Environmental Quality will remain in effect with reduced civil penalties (reported as $9,600 and $6,150) and extended compliance dates (one to Sept. 15, 2027; the other to Dec. 31, 2030). The board did not take formal action at the agenda meeting.
Bill presented Resolution R-26-77, which would approve amendments to two existing consent administrative orders (CAOs) with the Department of Energy and Environment’s Division of Environmental Quality (DEQ). He told the board the city had missed one deadline and fallen behind on milestones in the other matter; DEQ provided amended CAOs and reduced most of the potential civil penalties.
Bill said one penalty was reduced to $9,600 and the other to $6,150 after DEQ review; he contrasted those figures with initial penalty amounts the city had been notified of (roughly $51,200 and about $105,000). He said DEQ cited permitting delays and COVID-related supply lead times as reasons for extensions and that the city had requested further reductions but did not expect additional concessions beyond the amounts stated.
Directors asked whether the reduced penalties might be further reduced or waived and whether the revised compliance dates were achievable. Staff responded that one CAO’s compliance date is now Sept. 15, 2027, and the other is Dec. 31, 2030, and that staff does not foresee problems meeting the 2027 date. Craig (a staff contact) and the new DEQ administrator have been engaged in discussions, Bill said, and the city will have a fuller discussion at the regular meeting next Tuesday when the resolution is on the formal agenda.
