9/14/05 - ADMINISTRATIVE ORDER ISSUED. VIOLATION: PART III, SECTION 1 OF RESPONDENT'S PERMIT INCLUDES WHOLE EFFLUENT TOXICITY LIMITS AND REQUIRES THE RESPONDENT TO CONDUCT TOXICITY TESTS TO DETERMINE COMPLIANCE WITH THOSE LIMITATION. TOXICITY TESTS CONDUCTED IN THE QUARTER ENDING ON DECEMBER 31, 2004, REVEALED THE EFFLUENT TO BE TOXIC TO CERIODAPHNIA DUBIA IN VIOLATION OF THE PERMIT. ON JULY 26, 2005, EPA SENT A NOTICE OF VIOLATION TO THE RESPONDENT FOR THE DECEMBER 31, 2004, VIOLATION. EPA DISCOVERED THAT TOXICITY TESTS CONDUCTED IN THE QUARTER ENDING ON MARCH 31, 2005, REVEALED THE EFFLUENT TO BE TOXIC TO CERIODAPHNIA DUBIA IN VIOLATION OF THE PERMIT. ON AUGUST 17, 2005, RESPONDENT REPORTED TO EPA THAT THE VIOLATION THAT OCCURRED IN THE QUARTER ENDING DECEMBER 31, 2004, WAS A RESULT OF PROBLEMS ASSOCIATED WITH THE FACILITY UPGRADE THAT OCCURRED IN LATED 2003. FURTHER, THE RESPONDENT WAS UNSURE AS TO THE EXACT PROBLEM THAT RESULTED IN THE VIOLATION OF THE WET LIMIT.
ORDER REQUIRES:
RESPONDENT SHALL INITIATE A SERIES OF WHOLE EFFLUENT TOXICITY TESTS BEGINNING ON THE FIRST FULL MONTH FOLLOWING THE RECEIPT OF THE EFFECTIVE ORDER. ONE TEST SHALL BE CONDUCTED EVERY 2 WEEKS, FOR A PERIOD NOT TO EXCEED ONE YEAR, USING CERIODAPHNIA DUBIA. TESTS SHALL BE CONDUCTED IN ACCORDANCE WITH PART V, SECTION B(3) OF THE PERMIT. THE RESULTS OF EACH TEST SHALL BE SUBMITTED TO EPA AND STATE OF SC WITHIN 45 DAYS OF TEST COMPLETION.
IF, AT ANY TIME DURING THE ACCELERATED TESTI