12/29/15 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $11,500, DUE WITHIN 30 DAYS.
ALLEGATIONS: AT ALL TIMES RELEVANT TO THIS ACTION, RESPONDENT OWNED AND OPEATED A POTW WHICH HAS A DESIGN FLOW RATE EQUAL TO OR TREATER THAN 1M GALLONS PER DAY, SERVES 10,000 PEOPLE OR MORE OR IS A CLASS I SLUDGE MANAGEMENT FACILITY AS DEFINED IN 40 CFR 503.9(c).
RESPONDENT IS A PERSON WHO PREPARES SEWAGE SLUDGE AS DEFINED IN 40 CFR 503.9(r), AS EITHER THE PERSON WHO GENERATES SEWAGE SLUDGE DURING THE TREATMENT OF DOMESTIC SEWAGE IN A TREATMENT WORKS OR THE PERSON WHO DERIVES A MATERIAL FROM SEWAGE SLUDGE, IS THUS SUBJECT TO THE REQUIREMENTS OF THE CWA AND 40 CFR PART 503.
CWA 405(e) MAKES IT UNLAWFUL FOR ANY PERSON TO DISPOSE OF SEWAGE SLUDGE FROM A TREATMENT WORKS TREATING DOMESTIC SEWAGE EXCEPT IN ACCORDANCE WITH REGS PROMULGATED PURSUANT TO CWA 405(d), WHICH ARE FOUND AT 40 CFR PART 503.
40 CFR PART 503 ESTABLISHES STANDARDS FOR THE USE AND DISPOSAL OF SLUDGE, AND CONSISTS OF GENERAL REQUIREMENTS, POLLUANT LIMITS, MANAGEMENT PRACTICES, OPERATIONAL STANDARDS, FREQUENCY OF MONITORING, RECORDKEEPING, AND REPORTING, FOR THE FINAL USE OR DISPOSAL OF SEWAGE SLUDGE GENERATED DURING THE TREATMENT OF DOMESTIC SEWAGE IN A TREATMENT WORKS.
40 CFR 503.18(a) REQUIRES CLASS I SLUDGE MANAGEMENT FACILITIES, POTWs WITH A DESIGN FLOW RATE EQUAL TO OR GREATER THAN 1M GALS PER DAY AND POTWs THAT SERVE 10,000 PEOPLE OR MORE TO SUBMIT CERTAIN INFO TO THE PERMITTING AUTH