Cracking down on Whitefish sewage violations

Enforcement action by the state Department of Environmental Quality includes $31,700 in fines for five overflow incidents

By LYNNETTE HINTZE

The Daily Inter Lake

Five sewer overflow incidents in Whitefish during the past two years have prompted the state to initiate enforcement action against the city that includes $31,700 in fines.

The latest violation occurred Jan. 27 in the Bay Point area near Whitefish Lake, where a grease buildup in a sewer line was the apparent culprit for 200 gallons of untreated sewage that discharged through a manhole. The sewage didn't enter Whitefish Lake, state officials said.

Whitefish Public Works Director John Wilson said the city is working with the state Department of Environmental Quality in a "real amicable communication" to clarify details of some of the violations in hopes of reducing the penalty.

"We respect the DEQ's enforcement action and accept their notice as a generally accurate report," Wilson said in a letter to the City Council.

In a couple of the incidents, however, Wilson thinks the infractions should be classified as minor, not moderate, violations. Causes for the sewage overflows included grease accumulation, roots and faulty wiring.

"Fortunately, all but one of these events occurred between November and May, when outdoor activities and the chances of public exposure were relatively limited," Wilson said. "In every case, our crews responded as soon as the problem was reported to restore normal flow and clean the affected area."

The largest overflow occurred May 12, 2005, near City Beach, when lightning apparently caused a fuse to blow in the alarm system. Utility crews were unaware of the overflow until six days later when they were doing a routine check, Wilson said.

The alarm and controls were incorrectly wired to independent power sources, the state maintained, which resulted in the failure of the alarm to activate. Roughly 5,000 gallons of sewage were discharged, and according to the state's report, "it is assumed that pollution of state waters (Whitefish Lake) from excess nutrients and pathogens occurred."

Although Wilson agreed it was a serious infraction, he said the overflow occurred before City Beach opened for the summer season, thereby lessening the exposure to the public. The fine for the City Beach violation is $22,400.

Tree roots were the cause of backups Nov. 4, 2005, near the Seventh Street Bridge over Whitefish River, and at Cow Creek on Jan. 18, 2004, near the Whitefish River inflow.

Also in January 2004, the city reported an overflow near the Seventh Street Bridge where flat pipe tends to collect debris, Wilson said.

In September 2005, a discharge of sewage occurred from the Birch Point lift station into Whitefish Lake when an air-pressure mechanism on the pump control failed.

State environmental administrator John Arrigo outlined the state agency's enforcement action Feb. 2 in a letter to the city of Whitefish, noting that his department is willing to resolve the matter with a consent order rather than a more severe compliance order.

Whitefish has a July 1 deadline to makes its case about reducing penalties.

"Blockages and sewage overflows are occurring more frequently in the portion of the collection system near Whitefish Lake," Arrigo cautioned in his letter. "As part of the settlement, the department will seek injunctive relief or corrective actions to significantly minimize or eliminate future unpermitted discharges."

Wilson said the city corrects problems as they arise. He's shuffling the workload in his department to dedicate more man-hours to maintaining the sewer system.

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com