11/3/05 - COMPLAINT FILED, PROPOSING A PENALTY OF $32,500. RESPONDENT'S ANNUAL SLUDGE REPORT INDICATED THAT 198.24 DRY METRIC TONS (DMT) OF SEWAGE SLUDGE WAS GENERATED IN 2004. DATA CONTAINED IN THE ANNUAL REPORT INDICATES THAT 42.87 DMT TONS OF SEWAGE SLUDGE WAS LAND APPLIED DURING THE THIRD QUARTER OF 2004. SUBSEQUENTLY, RESPONDENT SUBMITTED ADDITIONAL INFO WHICH INDICATED THAT 64.14 DMT OF SEWAGE SLUDGE WAS LAND APPLIED DURING THE THIRD QUARTER OF 2004.
RESPONDENT'S ANNUAL SLUDGE REPORT INDICATED THAT DURING THE THIRD QUARTER OF 2004, RESPONDENT'S SEWAGE SLUDGE CONTAINED A MONTHLY AVERAGE NICKEL CONCENTRATION OF 520 MILLIGRAMS PER KILOGRAM ON A DRY WEIGHT BASIS.
40 CFR 503.13(a)(1) STATES THAT BULK SEWAGE SLUDGE ... SHALL NOT BE APPLIED TO THE LAND IF THE CONCENTRATION OF ANY POLLUTANT IN THE SEWAGE SLUDGE EXCEED THE CEILING CONCENTRATION FOR THE POLLUTANT IN TABLE 1 OF SECTION 503.13.
THE CEILING CONCENTRATION FOR THE POLLUTANT NICKEL AS OUTLINED IN TABLE 1 OF 40 CFR 503.13 IS 420 MILLIGRAMS PER KILOGRAM ON A DRY WEIGHT BASIS.
BASED ON INFO SUBMITTED RESPONDENT, DURING THE THIRD QUARTER OF 2004, APPROX 64.14 DMT OF SEWAGE SLUDGE WHICH EXCEEDED THE CEILING CONCENTRATION FOR NICKEL WAS LAND APPLIED.
THE LAND APPLICATION OF SEWAGE SLUDGE WHICH CONTAINS THE POLLUTANT NICKEL IN A CONCENTRATION CEXEEDING 420 MILLIGRAMS PER KILOGRAM ON A DRY WEIGHT BASIS IS A VIOLATION OF 40 CFR 503.13(a)(1) AND 405(e) OF THE CWA.