Iola could face a fine of up to $44,000 for an issue with its wastewater the city dealt with nearly four years ago.
The Environmental Protection Agency, in a letter dated Feb. 13, told city officials it intended to assess the civil penalty in response to a 2008 audit that noted wastewater discharged from the Russell Stover Candies plant had a below-standard pH level, due to additives involved in the chocolate production process.
The issue has long-since been resolved — candy plant officials pre-treat the wastewater with another additive to increase the pH levels before releasing it into the city’s system — but the EPA apparently thought the matter serious enough to call for the civil penalty, Iola City Administrator Carl Slaugh said.
The penalty is for the city’s failure to meet National Pollutant Discharge Elimination System standards in 2008.
Among EPA’s concerns, the notice said the city failed to investigate the noncompliance with pretreatment standards and requirements from Russell Stover prior to the audit; failed to provide sufficient qualified personnel to implement the pretreatment program; and the city failed to investigate discharge nomcompliance and take appropriate actions.
The letter gave the city 10 days to respond. Iola officials notified EPA on Feb. 17 that the city requested a pre-filing conference.
The low pH levels had no effect on the wastewater discharged from Iola’s sewage lagoons back into the Neosho River, Slaugh noted, because it was diluted enough with other wastewater and treated sufficiently. The issue lay with the wastewater within Iola’s system.
The low pH levels made some metal lines and mahole covers more prone to corrosion, Slaugh said.
“They noticed some manhole covers had begun to rust,” Slaugh said.
“It’s important to note that none of the wastewater discharged from the lagoons was unsafe,” added Toby Ross, Iola’s water plant superintendent, who has dealt extensively with EPA through the years and is well-versed in the wastewater treatment process.
THE CITY MAY be able to appeal to EPA to have the fine lessened, or removed altogether if a “supplemental environmental project” can be completed at a similar cost.
“We’re hopeful they will give us an opportunity to negotiate the penalty,” Slaugh said.
For example, Slaugh and Ross pointed to a potential project to replace the rock surrounding a sludge lagoon at the water plant. The lagoon was largely untouched when the city built its new water plant about seven years ago, and the rock and concrete bits used in the filtration process around the lagoon could be considered below standard by some.
Replacing the rock would cost an estimated $30,000, Slaugh said.
Ross noted that Iola in recent years already has completed a $3 million upgrade of the sewage lagoons south of town as well, as mandated by EPA.
