9/24/2019 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,000, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON SEPT 30, 2015, AN EPA CONTRACTOR CONDUCTED A PRETREATMENT RECONNAISSANCE INSPECTION OF THE FACILITY TO ASSESS RESPONDENT'S COMPLIANCE WITH THE PRETREATMENT STANDARDS AND THE CWA. THE FACILITY ADVISED EPA THAT IT HAD UNDERGONE A LARGE EXPANSION TO ITS PRODUCTION AREA TO INSTALL METAL CHEMICAL TREATMENT (PHOSPHATING) AND POWDER COATING PROCESSES SOMETIME AFTER ENTERING INTO A SEWER CONNECTION AGREEMENT WITH THE CITY ON MAY 13, 1991. THE FACILITY WAS ADVISED IN THE CLOSING CONFERENCE THAT THIS SUBSEQUENT DISCHARGE WAS LIKELY REGULATED BY PRETREATMENT STANDARDS.
ON DEC 12, 2016, EPA SENT A NOTICE OF VIOLATION AND OPPORTUNITY TO SHOW CAUSE PURSUANT TO CWA 309 AND AN INFO REQUEST PURSUANT TO CWA 308 TO RESPONDENT. A COPY OF THE FINAL REPORT FOR THE INSPECTION WAS ENCLOSED.
ON FEB 3, 2017, RESPONDENT PROVIDED A RESPONSE TO EPA'S INFO REQUEST, ENCLOSING PICTURES AND A STATEMENT THAT THE SEWER LINES HAD BEEN DISCONNECTED FROM THE BUILDING AND PROCESS WASTEWATERS WERE BEING DISPOSED OF OFF-SITE, THE SEWER CLEAN-OUT HAD BEEN PLUGGED, AND A THREADED CAP EMPLACED SINCE THE EPA INSPECTION.
THE INFO REQUEST RESPONSE ALSO EVIDENCED THAT RESPONDENT DISCHARGED UNPERMITTED CATEGORICAL WASTEWATER TO THE POTW FOR APPROX 26 YEARS (BETWEEN JULY 13, 1991 AND DEC 15, 2016), AND HAD NOT SELF-MONITORED OR REPORTED THE TOTAL PROCESS WASTEWATER DISCHARGE AS REQUIRED.