8/25/09 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $1,600, DUE WITHIN 30 DAYS.
ALLEGATIONS: RESPONDENT SUBMITTED THE ANNUAL SLUDGE REPORT FOR CALENDAR YR 2007 ON JULY 14, 1008, AFTER EPA ISSUED AO NO CWA 04-2008-4791 AGAINST THE CITY OF PERRY DATED JUNE 10, 2008. THE 2007 ANNUAL REPORT INDICATED THAT RESPONDENT LAND APPLIED APPROX 48.12 DRY METRO TONS OF SEWAGE SLUDGE DURING THE CALENDAR YEAR.
RESPONDENT SUBMITTED THE ANNUAL SLUDGE REPORT FOR CALENDAR YEAR 2008 ON MAY 27, 2009. THE 2008 ANNUAL SLUDGE REPORT INDICATED THAT RESPONDENT LAND APPLIED APPROX 8.57 DRY METRO TONS OF SEWAGE SLUDGE DURING THE CALENDAR YEAR. RESPONDENT DISPOSED SEWAGE SLUDGE VIA LAND APPLICATION SUBMIT TO 40 CFR PART 503, AND IS SUBJECT TO THE REPORTING REQUIREMENTS OF 40 CFR 503.18(a).
WHILE THE RESPONDENT SUBMITTED ALL REPORTS REQUIRED BY THE STATE OF FLORIDA, RESPONDENT FAILED TO TIMELY SUBMIT TO EPA ITS ANNUAL SLUDGE REPORT, FOR CALENDAR YRS 2007 AND 2008 BY NO LATER THAN FEB 19TH OF THE FOLLOWING YEAR RESPECTIVELY.
THEREFORE, RESPONDENT VIOLATED SECTION 405(e) OF THE CWA, BY FAILING TO TIMELY SUBMIT THE ANNUAL SLUDGE REPORTS PURSUANT TO 40 CFR 503.18(a).