8/18/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $19,059. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
ON JUNE 9, 2009, RESPONDENT DISCHARGED APPROXIMATELY 10,844 POUNDS OR 108 REPORTABLE QUANTITIES OF AMMONIA, WHICH IS IDENTIFIED AS A HAZARDOUS SUBSTANCE IN 40 C.F.R. PART 116, FORM ITS FACIITY, A PORTION OF WHICH WAS DIVERTED TO THE FACILITY'S WASTE WATER TREATMENT SYSTEM, AND THE REMAINING RELEASSE ENTERED ITO OR UPON BIG BRANCH CREEK, WALNUT CREEK AND THE NEUSE RIVER/AND/OR THEIR ADJOINING SHORELINES.
RESPONDENT'S JUNE 9, 2009, DISCHARGE OF AMMONIA FROM ITS FACILITY EXCEEDED THE REPORTABLE QUANTITY FOUND IN 40 C.F.R. PART 117, AND, THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER SECTION 311(b)(4), 33 U.S.C. SECTION 1321(b)(4), IN VIOLATION OF SECTION 311(b)(3) OF THE ACT.