12/14/10 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2,000 DUE WITHIN 30 DAYS.
ALLEGATIONS:
40 CFR 503.18(a) REQUIRES THAT CLASS I SLUDGE MANAGEMENT FACILITIES, POTWs WITH A DESIGN FLOW RATE EQUAL TO OR GREATER THAN ONE MILLION GALLONS PER DAY, AND POTWs THAT SERVE 10,000 PEOPLE OR MORE SUBMIT CERTAIN INFO TO THE PERMITTING AUTHORITY (EPA) ON FEB 19TH OF EACH YEAR. THIS INFO IS HEREINAFTER REFERRED TO AS THE ANNUAL SLUDGE REPORT.
FOR CALENDAR YEAR 2009, THE RESPONDENT REPORTED IN THEIR ANNUAL SLUDGE REPORT, 1,065 DRY TONS OF SEWAGE SLUDGE, OR APPROX 966 DRY METRIC TONS WERE DISPOSED VIA LAND APPLICATION SUBJECT TO 40 CFR PART 503 AND IS SUBJECT TO THE MONITORING REQUIREMENTS OF 40 CFR 503.16(a)(1).
BASED ON THE AMOUNT OF SEWAGE SLUDGE DISPOSED IN CALENDAR YEAR 2009, THE RESPONDENT WAS REQUIRED TO SAMPLE AT LEAST 4 TIMES OR QUARTERLY. FOR CALENDAR YEAR 2009, THE RESPONDENT SUBMITTED DATA TO SUPPORT THREE SAMPLES FOR THE INORGANIC POLLUTANTS.
THEREFORE, RESPONDENT VIOLATED CWA SEC 405(e) BY FAILING TO MEET THE MINIMUM FREQUENCY OF MONITORING REQUIREMENTS PURSUANT TO 40 CFR 503.16(a)(1).