9/30/2014 - FINAL ORDER ISSUED, ASSESSING A PENALTY OF $20,550. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
ON JULY 16, 2013, THE EPA CONCLUDED ITS REVIEW OF THE LOC RESPONSE AND THE RESPONDENT'S PERMIT APPLICATION AND DETERMINED THAT PART V. OF FORM F, WHICH IS ENTITLED APPLICATION FOR PERMIT TO DISCHARGE STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY, CONTAINS A CERTIFICATION THAT ALL NON-STOMRWATER DISCHARGES SHOULD BE IDENTIFIED IN EITHER FORM 2C FOR DISCHARGE OF WASTEWATER OR 2E FOR DISCHARGE OF NONCONTACT PROCESS WATER, AND NO SUCH NON-STORMWATER DISCHARGES ARE SO IDENTIFIED ON EITHER OF THOSE FORMS.
BASED ON THE ABOVE, EPA HAS DETERMINED THAT THE RESPONDENT HAS VIOLATED SECTION 301(a) OF THE CWA, IN THAT THE RESPONDENT HAS DISCHARGED WASTEWATER TO A LOCATION NOT AUTHORIZED BY AN NPDES PERMIT. THE EPA HAS DETERMINED THAT THE RESPONDENT HAS VIOLATED SECTION 301(a) OF THE CWA, AND THE PERMIT, BY FAILING TO COMPLY WITH PART I.A. AND PART II.E.2.a OF THE PERMIT.
IN ADDITION, UPON CONDUCTING A SUBSEQUENT RECORD REVIEW OF RESPONDENT'S LAST THREE YEARS OF COMPLIANCE HISTORY, EPA DETERMINED THAT RESPONDENT VIOLATED ITS WHOLE EFFLUENT TOXICITY ( WET ) LIMIT FOR SEPTEMBER 2013. THEREFORE, THE EPA DETERMINED THAT THE RESPONDENT HAS VIOLATED SECTION 301(a) OF THE CWA, AND THE PERMIT, BY FAILING TO COMPLY WITH PART I.A. OF THE PERMIT.