10/14/05 - COMPLAINT FILED, PROPOSING A PENALTY OF $157,500.
VIOLATION:
PART III, SECTION B OF THE PERT INCLUDES BOTH A WHOLE EFFLUENT TOXICITY QUARTERLY AVERAGE LIMIT AND A DAILY MAXIMUM LIMIT AND REQUIRES THE RESPONDENT TO CONDUCT TOXICITY TESTS TO DETERMINE COMPLIANCE WITH THOSE LIMITATION.
TOXICITY TEST CONDUCTED BY THE RESPONDENT DURING THE QUARTER ENDING JULY 31, 2004, THE RESULTS OF WHICH WERE SUBMITTED AS PART OF THE RESPONDENT'S MONTHLY DMRs TO THE STATE OF SC, REVEALED THE EFFLUENT TO THE TOXIC TO CERIODAPHNIA DUBIA IN VIOLATION OF BOTH THE QUARTERLY AVERAGE AND DAILY MAXIMUM LIMITS IN THE PERMIT. SPECIFICALLY, THE QUARTERLY AVERAGE LIMIT IS 25 PERCENT AND THE AVERAGE OF THE TOXICITY TEST RESULTS FOR THIS QUARTER WAS 35.3 PERCENT, IN VIOLATION OF THE PERMIT. THE DAILY MAXIMUM PERMIT LIMIT IS 40 PERCENT AND THE MAXIMUM TOXICITY TEST RESULT FOR THIS QUARTER WAS 47.1 PERCENT, IN VIOLATION OF THE PERMIT.
TOXICITY TESTS CONDUCTED BY THE RESPONDENT DURING THE QUARTER ENDING OCTOBER 31, 2004, THE RESULTS OF WHICH WERE SUBMITTED AS PART OF THE RESPONDENT'S MONTHLY DMR TO THE STATE OF SC, REVEALED THE EFFLUENT TO THE TOXIC TO CERIODAPHNIA DUBIA IN VIOLATION OF BOTH THE QUARTERLY AVERAGE AND THE DAILY MAXIMUM LIMITS IN THE PERMIT. SPECIFICALLY, THE QUARTERLY AVERAGE PERMIT LIMIT IS 25 PERCENT AND THE AVERAGE OF THE TOXICITY TEST RESULTS FOR THIS QUARTER WAS 49.9 PERCENT, IN VIOLATION OF THE PERMIT. THE DAILY MAXIMUM PERMIT LIMIT IS 40 PERCENT AND THE MAXIMUM