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<br />COMPLIANCE AGREEMENT <br /> <br /> <br />. This agreement is made the ~ d day of June 2006, by and between the City of'New Brighton (hereinafter <br />"System") and the Minnesota Department of Health (hereinafter "MOR"). <br /> <br />WHEREAS, MN Rulesp. 4720.0350 references the federal National Primary Drinking Water Regulations (40 CFR, <br />Sec. 141.66) which establishes the maximum contaminant levels for Gross Alpha Emitters, Radium 226 and Radium <br />228. The System is in violation of the maximum contaminant levels for Gross Alpha Emitters, Radium 226 and <br />Radium 228; and, <br /> <br />WHEREAS, the System seeks to come into compliance with the maximum contaminant level requirements for <br />Gross Alpha Emitters, Radium 226 and Radium 228 of the National Primary Drinking Water Regulations, <br /> <br />WHEREAS, MDH is in agreement with the compliance procedures and schedule set forth herein; <br /> <br />NOW, THEREFORE, it is agreed between the System and MDH that until the corrective action approved under <br />condition 3 has been implemented and compliance with the Gross Alpha Emitters, Radium 226 and Radium 228 <br />maximum contaminant levels has been accomplished, the System shall meet conditions 1 through 3 which follow: <br /> <br />1. Continue notifying the consuming public as required by the Consumer Confidence Report and in the <br />Notices ofExceedance sent by MDH and provide documentation to MDH within 10 days of each public <br />notification. <br /> <br />2. Every entry point in exteedance shall be monitored for Gross Alpha Emitters, Radium 226 and Radium <br />228 concentrations after construction is completed. The entry point monitoring may be reduced after the <br />average of two consecutive quarterly samples is less than the maximum contaminant level. Entry point <br />samples shall be collected from the source of water after treatment. <br /> <br />. <br /> <br />3. Take corrective action according to the project schedule for the completion oftreatrnent facility <br />renovations for the removal of Gross Alpha Emitters, Radium 226 and Radium 228 as follows: <br /> <br />Treatment Plan 4: <br />Construction Initiation <br />Construction Completion <br />Return to Compliance <br /> <br />Fall 2006 <br />March 2007 <br />April 2007 <br /> <br />Treatment Plant 5: <br />Construction Initiation <br />Construction Completion <br />Return to Compliance <br /> <br />Fall 2007 <br />March 2008 <br />April 2008 <br /> <br />Construction plans and specifications shall be submitted to MDH for approval prior to construction. In addition, <br />documentation of the project status shall be provided to MDH at the beginning of each quarter until construction is <br />completed. <br /> <br />IT IS FURTHER AGREED that this Compliance Agreement may be tenninated without hearing upon thirty days <br />written notice by MDH upon a finding by MDH that the System has failed to comply with any requirement of said <br />agreement or immediately upon a fmding that inunediate termination is necessary to protect the health of persons. <br />This agreement shall not prevent MDH from taking any other lawful action deemed by MDH to be necessary to <br />protect the health of persons. <br /> <br />M..drl:-Q%;:~trat., <br /> <br />City of New Brighton, Minnesota <br /> <br />J~~ <br /> <br />Division of Environmental Health, MDR <br /> <br />. <br />