9/2/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
THE RESPONDENT CONDUCTED FOUR SPECIFIC OXYGEN UPTAKE RATE (SOUR) TESTS FOR CALENDAR YEAR 2009 ON THE FOLLOWING DATES: MARCH 4, JUNE 9, SEPTEMBER 24, AND DECEMBER 23. ALL OF THE TEST RESULTS WERE ABOVE THE 1.5 Mg O2/Hr/g TOTAL SOLIDS (TS) REQUIREMENT. THE REEPONDENT COULD NOT PRODUCE ANY OTHER SLUDGE MONITORING DATA TO DEMONSTRATE COMPLIANCE WITH THE VAR REQUIREMENT.
THEREFORE, IT WAS DETERMINED THAT FOR CALENDAR YEAR 2009 THE RESPPONDENT FAILED TO MEET THE VAR REQUIREMENT FOR THE MONTHS OF MARCH, JUNE, SEPTEMBER AND DECEMBER, IN ACCORDANCE WITH OPTION 4 [503.33(b)(4)], AND THEREFORE, VIOLATED SECTION 405(e) OF THE ACT, 33. U.S.C. SECTION 1345(e).