9/26/2011 - ADMINISTRATIVE ORDER 2011-056 CLOSURE AND ISSUANCE OF ADMINISTRATIVE ORDER ISSUED.
ORDER STATES:
ON NOVEMBER 2, 1999, RESPONDENT SUBMITTED A MOM SELF-ASSESSMENT REPORT TO THE EPA WHICH DISCLOSED NUMBEROUS SSOs; WHICH ARE VIOLATIONS OF SECTION 301(a) OF THE CWA, AND RESPONDENT'S NPDES PERMIT.
TO ADDRESS THE VIOLATIONS, EPA AND RESPONDENT ENTERED INTO A CONSENT AGREEMENT AND CONSENT ( ORDER ) #2001-056. THE ORDER REQUIRED RESPONDENT TO IMPLEMENT NUMEROUS MOM PROGRAMS. THE ORDER ALSO REQUIRED RESPONDENT TO SUBMIT ANNUAL REPORTS TO THE EPA REGARDING ITS COMPLIANCE STATUS. SUCH REPORTS WERE SUBMITTED TO AN REVIEWED BY THE EPA.
THE EPA'S REVIEW OF RESPONDENT'S ANNUAL REPORTS REVEALED THAT 89 SSOs OCCURRED FROM 2007-10, INCLUDING SSOs THAT REACHED NAVIGABLE WATER OF THE UNITED STATES.
SSOs RESULTED, IN WHOLE OR IN PART, FROM RESPONDENT'S FAILURE TO PROPERLY MANAGE, OPERATE AND MAINTAIN THE WCTS AS REQUIRED BY ITS NPDES PERMIT. PROPER MANAGEMENT, OPERATION AND MAINTENANCE WOULD HAVE ENSURED THAT RESPONDENT WOULD HAVE COLLECTED AND TRANSPORTED UNTREATED WASTEWATER THROUGH ITS WCTS TO THE APPROPRIATE WWTP WITHOUT EXPERIENCING SUCH SSOs.
BASED ON THE ABOVE, THE RESPONDENT HAS VIOLATED PART 2.3.3 OF ITS NPDES OF ITS NPDES PERMIT AND SECTION 301(a) OF THE CWA, IN THAT THE RESPONDENT HAS DISCHARGED UNTREATED WASTEWATER CONTAINING POLLUTANTS TO THE NAVIGABLE WATERS OF THE UNITED STATES AT LOCATIONS NOT AUTHORIZED BY AN NPDES PERMIT.
BASED ON THE ABOVE, THE RES