Cordell Fined For Water Quality Violations

The New Cordell Utility Authority, the city’s public utilities arm, was recently fined by the Oklahoma Department of Environmental Quality for numerous documented violations of the Oklahoma Administrative Code, violations that could pose a risk to both the public health and the environment. The violations prompted DEQ and NCUA to enter into a Consent Order to avoid a formal hearing and additional legal action by the department.

“Failure to comply with the requirements of the Oklahoma Adminstrative Code 252:631 ‘Public Water Supply Operation’ may result in harm to the environment and/ or health and well-being of the affected public,” the order read. “Insufficient disinfectant in the distribution system can allow disease-causing organisms to survive and propagate.”

The current issue officially began on April 15, 2019, when DEQ received a complaint from a Cordell resident regarding issues with “unpleasant taste, color, and odor” in water received from the Cordell water system. In response to the complaint, DEQ environmental specialist Eve Adams performed an investigation into the water and determined that the disinfectant levels (both the free chlorine residual and the total chlorine residual levels) in the water system were below the state-required minimum levels.

Over the course of the next 14 months, DEQ personnel inspected Cordell’s water system on 10 separate occasions and noted one or more instances of insufficient disinfectant levels on every single occasion. On one of these occasions, April 19, 2019, the inspector not only noted the insufficient disinfectant levels, but also reported that the city “had not been flushing dead ends of the distribution system on a routine basis.” She also indicated that the city had failed to include “distribution system chlorine residual values or other process control test results” in recent Monthly Operational Reports.

DEQ issued a Notice of Violation to the city on June 24, 2019. The notice required the city to respond to the violations within 15 days. In the response, the city alleged that the decrease in chlorine residual levels was the result of a reported chlorinator outage at Foss Master Conservancy District, the primary source of Cordell’s municipal water supply.

DEQ followed up on the Notice of Violation with another inspection on July 5, 2019. At that time DEQ Dawn Hoggard, PE, again noted insufficient disinfectant levels in the water system. Another inspection, conducted on July 18, showed slightly higher, but still inadequate disinfectant levels.

An additional problem was detected a few months later. On Sept. 26, 2019, three water samples collected by New Cordell Utility Authority staff showed not only insufficient disinfectant levels but also tested positive for coliform bacteria. Although in the same bacterial family as E. Coli, coliform bacteria are not always dangerous. They are, however, considered warning signs of unsanitary conditions, according to ScienceDirect.

“Some coliform bacteria are associated with the intestines (colon) of warm-blooded animals (called fecal coliforms), while others are related to plant material.

“Coliform bacteria are considered as indicator organisms because their presence in foods indicates that circumstances are suitable for the presence of enteric pathogens and may signify insufficient sanitary conditions.”

A follow-up test of nine water samples submitted by NCUA staff three days later showed no coliform bacteria present in the water.

The DEQ inspector returned to Cordell Oct. 7, 2019, and tested several locations. She reported adequate disinfectant levels in some parts of the city, but found insufficient levels in the water at city hall. She returned for a follow-up Nov. 5, and again reported inadequate free chlorine and total chlorine residuals in the water sourced from city hall.

Another complaint was received by DEQ April 10, 2020, reporting the presence of sediment in and an unwelcome odor to the water. The DEQ inspector tested water at the location of the complaint and at three additional sites in the city. She found that the water at all four testing sites failed to meet the state’s minimum requirements for disinfectant levels. When tested again, April 28, all four sites were still noted to be in violation.

As a result of the city’s failure to adequately address the reported water quality issues, DEQ proposed a consent order for the New Cordell Utility Authority. Hoggard spoke with city administrator J.C. Moser about the terms and requirements for the consent order on May 29, 2020. The order was signed by Mayor Jerry Beech on June 17, 2020, although it wasn’t accepted by the city council until July 20.

Under the terms of the order, the city accepted a fine of $1,500. The first $750 of that fine is due within 30 days of the order’s effective date, July 9. The balance is deferred, dependent upon the city meeting other conditions included in the order.

First, the city must submit to DEQ an approvable corrective plan to achieve and maintain compliance with mimimum disinfectant levels no later than Aug. 1, 2020. Failure to do so will result in the assessment of $250 of the deferred fine, as well as a penalty of $140 per day until said plan is submitted.

The city must then implement the approved plan by Sept. 1, 2020. If that deadline is not met, another $250 of the deferred amount will be imposed, along with $240 per day until the plan is implemented.

The city’s disinfectant levels must be in compliance by Nov 1., 2020, and be maintained through Nov. 1, 2021. If the city is unable to comply with those conditions, they will need to submit an approvable engineering report which includes a schedule of proposed tasks necessary for achieving and maintaining minimum chlorine residual levels on or before Jan. 1, 2022. Failure to do so will result in the assessment of the final $250 of the deferred fine and the addition of $140 per day in fines until the report is submitted.