8/30/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,258, DUE WITHIN 30 DAYS.
ALLEGATIONS:
EPA ALLEGES THAT RESPONDENT HAS DISCHARGED: (1) LEVELS OF MERCURY IN EXCESS OF THE TOTAL MERCURY LIMITATION ESTABLISHED IN ITS PERMIT FROM JULY 2007 THRU MAY 2009, WITH THE EXCEPTION OF DEC 2007 AND APR 2009; (2) LEVELS OF BIOCHEMICAL OXYGEN DEMAN IN EXCESS OF THE VIOCHEMICAL OXYGEN DEMAN LIMITATION ESTABLISHED IN ITS PERMIT DURING NOV 2006 AND SEPT-OCT 2008; AND (3) LEVELS OF TOTAL RESIDUAL CHLORINE IN EXCESS OF THE TOTAL RESIDUAL CHLORINE LIMITATION ESTABLISHED IN ITS PERMIT DURING JAN AND MAY 2007 AND MAY 2009; AND (4) LEVELS OF NITROGEN AMMONIA IN EXCESS OF THE NITROGEN LIMITATION ESTABLISHED IN ITS PERMIT FROM NOV-DEC 2007.
THEREFORE, EPA ALLEGES THAT BECAUSE RESPONDENT HAS FAILED TO COMPLY WITH THE EFFLUENT LIMIT REQUIREMENTS OF THE PERMIT, THE RESPONDENT HAS VIOLATED CWA SECTION 301(a) AND THE PERMIT.