7/30/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $122,500, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OCT 6, 2011, EPA CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) OF THE POTW TO FURTHER EVALUATE RESPONDENT'S COMPLIANCE WITH THE PERMIT AND THE CWA.
BASED ON ITS REVIEW OF INFORMATION OBTAINED FROM THE INFORMATION REQUEST AND OBSERVATIONS MADE DURING ITS INSPECTION, THE EPA FOUND THAT RESPONDENT HAD EXPERIENCED NUMEROUS SSOs FROM THE WCTS INCLUDING SSOs FROM THREE UNPERMITTED OUTFALLS WHICH RESPONDENT HAD CONSTRUCTED AND MAINTAINED AS OPERATIONED.
RESPONDENT HAS VIOLATED CWA 301(a) IN THAT SOME OF RESPONDENT'S SSOs INCLUDE DISCHARGES OF UNTREATED WASTEWATER CONTAINING POLLUTANTS TO NAVIGABLE WATERS AT POINT SOURCE LOCATIONS NOT AUTHORIZED BY AN NDPES PERMIT.
RESPONDENT HAS VIOLATED SECTION 2.1.4 OF THE PERMIT BY FAILING TO PROPERLY OPERATE AND MAINTAIN ITS WCTS RESULTING IN SSOs THAT INCLUDE DISCHARGES OF UNTREATED WASTEWATER CONTAINING POLLUTANTS TO NAVIGABLE WATERS AT POINT SOURCE LOCATIONS NOT AUTHORIZED BY AN NPDES PERMIT AND OVERFLOWS OF RAW SEWAGE THAT DID NOT REACH NAVIGABLE WATERS INCLUDEING BUILDING BACKUPS.
RESPONDENT'S SSOs ARE ALSO A VIOLATION OF SECTION 2.3.3 OF THE PERMIT WHICH PROHIBITS OVERFLOWS FROM THE WCTS.