12/17/15 - ADMINISTRATIVE ORDER ISSUED. THE EPA HAS ESTABLISHED AND CONTINUES TO OPERATE A DISCHARGE MONITORING REPORT QUALITY ASSURANCE (DMR-QA) PROGRAM PURSUANT TO CWA 308. THE DMR-QA PROGRAM IS AN ANNUAL STUDY DESIGNED TO ENSURE THAT NPDES PERMIT HOLDERS HAVE ADEQUATE LABORATORY QA/QC PROGRAMS TO ACCURATELY CONDUCT THE CHEMICAL, MICROBIOLOGICAL AND TOXICITY ANALYSES REQUIRED IN THEIR PERMIT.
THE ANNUAL DMR-QA STUDY FOR 2015 IS KNOWN AS STUDY 35.
ON FEB 3, 2015, RESPONDENT RECEIVED A CERTIFIED LETTER FROM THE EPA ISSUED PURSUANT TO SECTION 308 OF THE CWA ALONG WITH FORMS AND INSTRUCTIONS ON HOW TO FILL OUT THE DMR-QA FOR STUDY 35. THE SECTION 308 LETTER REQUIRED THAT RESPONDENT SUBMIT TO THE EPA THE RESULTS OF CERTAIN TEST INFO, INCLUDING THE NAME AND ADDRESS OF THE LABORATORY PERFORMING THE ANALYSIS FOR RESPONDENT AND THE IDENTITY OF THE ANALYTES SPECIFIED IN THEIR NPDES PERMIT.
ACCORDING TO THE SECTION 308 LETTER, THE DEADLINE FOR RESPONDENT TO SUBMIT ITS DMR-QA STUDY 35 TO EPA, REGION 4, WAS AUG 28, 2015.
BASED ON RECORDS MAINTAINED BY EPA, REGION 4, RESPONDENT HAS FAILED TO SUBMIT THE REQUIRED INFO IN THE TIMEFRAME REQUIRED BY EPA'S SECTION 308 LETTER, WHICH WAS ISSUED UNDER THE AUTHORITY OF CWA 308(a).
THEREFORE, THE EPA, REGION 4, HAS DETERMINED THAT RESPONDENT IS IN VIOLATION OF CWA 308(a).