12/20/2019 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.
ALLEGATIONS:
A. NEW SOURCE FAILURE TO INSTALL AND OPERATE PRETREATMENT EQUIPMENT PRIOR TO DISCHARGE. PURSUANT TO 40 CFR 403.6(b), DISCHARGE FROM RESPONDENT TO A POTW IS SUBJECT TO BOTH THE FEDERAL CATEGORICAL PRETREATMENT STANDARDS IN 40 CFR PART 433 AND LOCAL PRETREATMENT STANDARDS. RESPONDENT IS A NEW SOURCE, AS DEFINED IN 40 CFR 403.3(m), BECAUSE THE STANDARDS APPLIED TO THE FACILITY AFTER AUG 31, 1982, WHEN EPA PUBLISHED PROPOSED PRETREATMENT STANDARDS FOR PART 433. RESPONDENT WAS THUS REQUIRED TO INSTALL AND HAVE IN OPERATING CONDITION ALL POLLUTION CONTROL EQUIPMENT NECESSARY TO MEET APPLICABLE PRETREATMENT STANDARDS, INCLUDING THOSE IN 40 CFR PART 433, PRIOR TO BEGINNING DISCHARGE TO THE POTW.
RESPONDENT DID NOT INSTALL ALL SUCH NECESSARY POLLUTION CONTROL EQUIPMENT PRIOR TO BEGINNING DISCHARGE OF REGULATED WASTESTREAMS TO THE POTW IN 2000 AND, IN CONTINUING VIOLATION OF 40 CFR 403.6(b), HAD NOT INSTALLED SUCH EQUIPMENT BY TIME IT ELECTED TO CEASE DISCHARGE TO THE POTW IN EARLY AUG 2016 FOLLOWING INSPECTION BY EPA.
B. FAILURE TO SUBMIT A BASELINE MONITORING REPORT IN VIOLATION OF 40 CFR 403.12(b). AT LEAST 90 DAYS PRIOR TO COMMENCEMENT OF DISCHARGE, A NEW SOURCE IS REQUIRED TO SUBMIT TO THE CONTROL AUTHORITY A REPORT WHICH CONTAINS THE INFORMATION LISTED IN 40 CFR 403.12(b)(1)-(5), AS WELL AS INFORMATION ON THE METHOD OF PRETREATMENT THE SOURCE INTENDS TO SUE TO MEET APPLICABLE PRETREATMENT STAND