-------
2
CWA, 33 L .C. § 1.31i. a), and proposed an administrative penalty
of I ol1ars ($
2. Respondent admits the jurisdictional allegation
contained in the Complaint;
3. Respondent admits or neitb.er admits nor deniesH the
facts and charges alleged in the Complaint, which are
incorporated herein by reference and specifically made a part
hereof;
4. Respondent hereby knowingly and explicitly waives its
rights pursuant to Sections 309(g) (2) and (8), 33 U.S.C.
§ 1319(g) (2) and (8), to a hearing on any issue in this matter
and to judicial review of this administrative penalty assessment;
5. The State of was given an opportunity to
consult with EPA regarding the assessment of an administrative
penalty against Respondent. EPA has taken into consideration any
comments received from the State;
6. EPA Region IV has taken into consideration any public
comments timely received;
7. Respondent consents to the payment of a civil penalty
as set forth below; and
8. Complainant and Respondent, desiring to terminate this
proceeding without further hearing or litigation, have agreed to
conciliate this matter without the necessity of a hearing.
Respondent, therefore, consents to the making and entry of this
Final Order.
III. FINAL ORDER
NOW THEREFORE, pursuant to the authority of Section 309(g)
of the CWA, 33 U.S.C. § 1319(g) and 40 C.F.R. § 22.18(c), upon
the foregoing information, and having taken into account the
factors expressed at Section 309(g) (3) of the CWA, 33 U.S.C.
§ 1319(g) (3), IT IS HEREBY ORDERED THAT:
9. No later than thirty (30) days after the effective date
of this Final Order as defined in Section V, the Respondent shall
submit a money order, or a cashier’s or certified check in the
amount of DoUars ($ } payable to
“Treasurer, United States of Mierica” to:
DRAFT December 4, 1996

-------
3
U.S. EPA, Region IV
P.O. Box 100142
Atlanta, Georgia 30384
Such amount will be considered delinquent if not paid by the
effective date defined in Section V below.
10. The Respondent shall note on the penalty payment check
the title and docket number of this case. The Respondent shall
send notice of the payment, including a copy of the check, to the
following:
Ms. Julia Mooney
Regional Hearing Clerk
U.S. EPA, Region IV
345 Courtland Street, NE
Atlanta, Georgia 30365
and
Case Attorney
Assistant Regional Counsel
Office of Regional Counsel
U.S. EPA, Region IV
345 Courtland Street, NE
Atlanta, Georgia 30365
11. The balance of the proposed penalty, specifically
ol1ar $ ), is hereby deferred. Failure
by Respondent to pay in full the mitigated penalty as assessed in
this Final Order by its due date shall render the entire proposed
penalty of DoLlars ($ ) due and
owing. In such an event, Respondent hereby consents to
immediately pay the entire proposed penalty in the manner
provided hereinabove.
12. Pursuant to Section 309(g) (9) of the CWA, 33 U.S.C
§ 1319 (g) (9), failure by Respondent to pay the penalty assessed
in this Final Order in full by its due date shall subject
Respondent to a civil action to collect the assessed penalty,
plus interest at current prevailing rates from the date of the
Final Order. The rate of interest shall be at the rate
established by the Secretary of the Treasury as set forth in 4
C.F.R. § 102.13Cc), promulgated under 31 U.S.C. § 3717. Any
person who fails to pay on a timely basis the assessed penalty
amount, shall be required to pay in addition to such amount and
interest, attorney’s fees, collection costs and an additional
DR.&FT December 4, 1996

-------
4
quarterly nonpayment penalty for each quarter during which such
failure to pay persists. Such nonpayment penalty shall be in an
amount equal to twenty percent (20%) of the aggregate amount of
such person’s penalties and nonpayment penalties which are unpaid
as of the beginning of such quarter. In addition, a late payment
handling charge of twenty ($20.00) dollars will be imposed after
thirty (30) days, with an additional charge of ten dollars
($10.00) for each subsequent thirty (30) day period over which an
unpaid balance remains. In any such collection action, the
validity, amount and appropriateness of the penalty and of this
Final Order shall not be subject to review.
CC 1MENTS -. DO WE N P THIS AS WELL 7?
12 (b Respondent acknowledges tbat failure to pay any
portion ot the clvii penalty assessed may result in Complainaiit’s
withdrawal of the mitigated penalty offer and omplainaxtt’ a
referral of this matter to a credit reporting agency, a
oUection agency, and/or the United States Attorney for
eommencement of a civil action in federal district court to
collect the assessed penalty, plus interest, attorney’s fees,
costs and an additional quarterly nonpayment penalty equal to
twenty percent 2O ) *f the aggregate amount of such penalty
pursuant to Section 309(g) (9) o the CWA, 33 tL$ C. § 1319(g) (9)
DRAFT December 4, 1996

-------
5
IV. GENERAL PROVISIONS
13. The provisions of this Final Order shall be binding
upon the Respondent, its officers, directors, agents, servants,
authorized representatives, employees, and successors or assigns.
14. For purposes of federal income taxation, Respondent
shall not be entitles to, and agrees not to, claim a deduction
for any penalty payment made pursuant to this Final Order.
15. Each party to this Final Order shall bear its own
attorney’s fees, costs and expenses in this action. Should
Respondent subsequently be determined to have violated the terms
and conditions of this Final Order, then the EPA reserves its
right to seek payment of all attorneys’ fees, costs, and expenses
it incurs in any action against Respondent for noncompliance with
this Final Order.
16. Issuance of this Final Order does not constitute a
waiver by EPA of its right to enforce the substantive legal
requirements underlying this administrative penalty assessment,
either administratively or judicially pursuant to Sections
309(a), (b), and Cc) of the CWA, 33 U.S.C. §S 1319(a), (b), and
Cc). Nor, does issuance of this Final Order constitute a waiver,
suspension or modification of the requirements of the CWA, 33
U.S.C. § 1251 sea. , any regulations promulgated thereunder, or
any legal order or permit issued pursuant thereto.
DRAFT December 4, 1996

-------
6
V. EFFECTIVE DATE
This Final Order shall become effective thirty (30) days
after the issuance date noted below.
Respondent
BY: _________________________ DATE: __________
(T1t1e
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Complainant
BY: _________________________ DATE: __________
W. Ray Cunningham, Director
Water Management Division
U.S. EPA, Region IV
Issued this _______________ day of _________________, 19_.
APPROVED AND SO ORDERED :
patrick Tobin Acting
egional Administrator
U.S. EPA, Region IV
DRAFT December 4, 1996

-------
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the date noted below, I hand
delivered the original of the within “CONSENT AGREEMENT AND FINAL
ORDER” to the Regional Hearing Clerk, Region IV, and have sent a
true and correct copy by certified mail, return receipt
requested, to the following addressees:
DATE NAME
TrTI
Addressees :
• Secretary
Florida Department of Environmental Protection
Tallahassee, Florida 32301
DRAFT December 4, 1996

-------
D S7 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
I 61FORSYTHSTREET,SW class-I.ca
L p itc’ ATLANTA, GEORGIA 30303-8909
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
MODEL COVER LETTER and
REF: 4WM-WPEB CLASS I CONSENT AGREEMENT
DRAFT DOCUMENT
NAME
ADDRESS
Re: Executed Consent Agreement
Docket No. CWA-IV 9 -5 ; NPDES Permit No. FL
Dear
Enclosed, please find an executed copy of the Consent
Agreement assessing administrative penalties.
The Consent Agreement shall become effective thirty (30)
days after the issuance date. Please make note of the provisions
in Section III, “Final Order” with respect to payment, which is
due by the Effective Date noted in Section V.
This penalty action concludes EPA’S enforcement action
related to the violations of NPDES permit No. FL as cited
in Administrative Complaint, Docket No. CWA-IV 9 -5
If you have any questions please contact
Water Permits and Enforcement Branch, at
(404) 347-7428, or have your attorney contact
Assistant Regional Counsel, at (404) 347-
Sincerely yours,
Patrick Tobin Acting
Regional Administrator
Enclosure
CC: Florida Department of Environmental Protection
Regional Hearing Clerk
Office of Regional Counsel
Water Management Division
RicvclidlRscvclabli Pnnted with VeQeta Ie Oil Based Inks on 100% Recycled Paper (40% Poatconsumer)

-------
bcc: Peggy Whitney (Financial Management Branch)
EPA Headquarters
PFAFF ORC SCARBROUGH
MCGHEE CUNNINGHAM

-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
IN THE MATTER OF: ) MODEL
CONSENT ORDER
RESPONDENT NAME
ADDPESS ) Proceeding to Assess Class I
Civil Penalty Under Section
I4PDES Permit No. , ) 309(g) of the Clean Water Act
RESPONDENT. ) Docket No. CWA-IV- -
I. STATUTORY AUTHORITY
This Consent Order is issued under the authority vested in
the Administrator of the U.S. Environmental Protection Agency
(EPA) by Section 309(g) (2) (A) of the Clean Water Act (CWA), as
amended, 33 U.S.C. § 1319(g) (2) (A). The Administrator has
delegated this authority to the Regional Administrator of EPA,
Region IV, who in turn has delegated it to the Director of Water
Management Division of EPA, Region IV. In accordance with the
“Consolidated Rules of Practice Governing Class I Civil Penalties
Under the Clean Water Act,” 40 C. F.R. Part 28 (Part 28), the
Director of Water Management Division hereby issues this Consent
Order.
II. STIPULATIONS AND FINDINGS
(Respondent), by [ bis/her/itsJ
attorney or other authorized representative consents, and EPA
finds as follows:
1. On date , EPA issued, and notified the public
of, Administrative Complaint, Docket No. , pursuant to
Section 309(g) of the CWA, 33 U.S.C. 1319(g). The Complaint
alleged that Respondent was in violation of Section 301(a) of the
CWA, 33 U.S.C. § 1311(a), and proposed an administrative penalty
of bc 1lars ($
2. Respondent admits the jurisdictional allegation
contained in the Administrative Complaint;
3. Respondent admits (or “neither admitB nor denies”] the
facts and findings of violation as alleged in the Administrative
Complaint, which are incorporated herein by reference and
specifically made a part hereof;
4. Respondent hereby knowingly and explicitly waives its
rights pursuant to Sections 309(g) (2) and (8), 33 U.S.C.

-------
§ 1319 (g) (2) and (8), to a hearing on any issue in this matter
and to judicial review of this administrative penalty assessment;
5. The State of Florida was given an opportunity to
consult with EPA regarding the assessment of an administrative
penalty against Respondent. EPA has taken into consideration any
conmtents received from the State;
6. EPA Region IV has taken into consideration any public
comments timely received; (t ThERE HAVE BEEN CCt4MENTER$:
Respondent reserves Lhisfherfits] right to contest any petition
to set aside this Consent Order on the basis that the material
evidence, if any pre ented by the petitioner was considered in
the issuance of this Consent Order,]
7. Respondent consents to the payment of a civil penalty
as set forth below; and
8. Complainant and Respondent, desiring to terminate this
proceeding without further hearing or litigation, have agreed to
conciliate this matter without the necessity of a hearing.
Respondent, therefore, consents to the making and entry of this
Consent Order.
III. FINAL ORDER
Based on the forgoing Stipulations and Findings, [ !P ThERE
HAVE BEEN CO 4ENTS RECEIVED: sand Mving taken into account
material information presented by co mnenters in this case 1 ‘ ] and
under the authority of Section 309(g) (2), 33 U.S.C. §1319(g) (2),
EPA HEREBY ORDERS AND RESPONDENT HEREBY CONSENTS, that:
9. No later than thirty (30) days after the effective date
of this Consent Order as defined in Section V, the Respondent
shall submit a money order, or a cashier’s or certified check in
the amount of DolLars $ ) payable to
“Treasurer, United States of Axnericatt to:
U.S. EPA, Region IV
P.O. Box 100142
Atlanta, Georgia 30384
10. The Respondent shall note on the penalty payment check
the title and docket number of this case. The Respondent shall
send notice of the payment, including a copy of the check, to the
following:
Ms. Julia Mooney
Regional Hearing Clerk
U.S. EPA, Region IV
345 Courtland Street, NE
Atlanta, Georgia 30365
2

-------
and
Case Attorney
Assistant Regional Counsel
Office of Regional Counsel
U.S. EPA, Region IV
345 Courtland Street, NE
Atlanta, Georgia 30365
[ 11. The balance of the proposed penalty, specifically
Dollars ($ ), is hereby deferred. Failure
by espondent to pay in full the mitigated penalty as assessed in
this Consent Order by its due date shall render the entire
proposed penalty of Dollars ($
due and owing. In such an event, Respondent hereby consents to
immediately pay the entire proposed penalty in the manner
provided hereinabove. ]
12. Pursuant to Section 309(g) (9) of the CWA, 33 U.S.C
§ 1319(g) (9), failure by Respondent to pay the penalty assessed
in this Consent Order in full by its due date shall subject
Respondent to a civil action to collect the assessed penalty,
plus interest at current prevailing rates from the date of the
Consent Order. The rate of interest shall be at the rate
established by the Secretary of the Treasury as set forth in 4
C.F.R. § 102.13(c), promulgated under 31 U.S.C. § 3717. Any
person who fails to pay on a timely basis the assessed penalty
amount, shall be required to pay in addition to such amount and
interest, attorney’s fees, collection costs and an additional
quarterly nonpayment penalty for each quarter during which such
failure to pay persists. Such nonpayment penalty shall be in an
amount equal to twenty percent (20%) of the aggregate amount of
such person’s penalties and nonpayment penalties which are unpaid
as of the beginning of such quarter. In addition, a late payment
handling charge of twenty ($20.00) dollars will be imposed after
thirty (30) days, with an additional charge of ten dollars
($10.00) for each subsequent thirty (30) day period over which an
unpaid balance remains. In any such collection action, the
validity, amount and appropriateness of the penalty and of the
Consent Order shall not be subject to review.
IV. GENERAL PROVISIONS
13. The provisions of this Consent Order shall be binding
upon the Respondent, its officers, directors, agents, servants,
authorized representatives, employees, and successors or assigns.
14. For purposes of federal income taxation, Respondent
shall not be entitled to, and agrees not to, claim a deduction
for any penalty payment made pursuant to this Consent Order.
15. Each party to this Consent Order shall bear its own
attorneys’ fees, costs and expenses in this action. Should
q
3

-------
Respondent subsequently be determined to have violated the terms
and conditions of this Consent Order, then the EPA reserves its
right to seek payment of all attorneys’ fees, costs, and expenses
it incurs in any action against Respondent for noncompliance with
this Consent Order.
16. This Consent Order does not constitute a waiver,
suspension or modification of the requirements of the CWA, 33
U.S.C. § 1251 , seq. , any regulations promulgated thereunder, or
any legal order or permit issued pursuant thereto.
4

-------
V. EFFECTIVE DATE
17. IP THERE HAVE BEEN NO C( lMEN ERS: This Consent Order
shall become immediately effective upon Respondent’s receipt of
the executed Consent Order.
i?. tIP THERE HAVE BEEN CO ENTERSt This Consent Order
shall become effective thirty days from the date that Respondent
receives the executed Consent Order unless a petition to the
Regional Administrator to set aside the order is filed by a
commenter pursuant to Part 28 and Section 309(g) (4) (C) of the
CWA, 33 U.S.C. § 1319(g) (4) (C). If the Regional Administrator
denies the petition, pursuant to Part 28, this Consent Order
shall become effective thirty (30) days after such denial.
Respondent
BY: ________________________ DATE: ________
Ttt .1e)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Complainant
BY: _________________________ DATE: ________
W. Ray Cunningham, Director
Water Management Division
U.S. EPA, Region IV
Issued this _______________ day of _________________, 19_.
APPROVED AND SO ORDERED :
Patrick Tobin, Acting
Regional Administrator
U.S. EPA, Region IV
5

-------
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the date noted below, I hand
delivered the original of the within “CONSENT ORDER” to the
Regional Hearing Clerk, Region IV, and have sent a true and
correct copy by certified mail, return receipt requested, to the
following addressees:
DATE N?JIE
T!Th8
Addressees :
Secretary
Florida Department of Environmental Protection
Tallahassee, Florida 32301

-------
, O S7 4 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET, SW dis-w’ o.ao
‘t p o ° ATLANTA, GEORGIA 30303-8909
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
MODEL COVER LETTER and AO
REF: 4WM-WPEB FOR DISCHARGE W/O PERMIT
DRAFT DOCUMENT
NAME OF RESPONDENT
ADDRESS
Re: Administrative Order No.
Dear
Pursuant to Section 309(a) of the Clean Water Act (CWA), as
amended, the Director, Water Management Division, Region IV
(EPA), has determined that the above named facility is in
violation of Section 301 of the CWA. As a result, the Director
has issued the enclosed Administrative Order pursuant to Section
309(a) of the CWA.
This Order is issued to enforce existing requirements under
the CWA and therefore, does not replace, modify or eliminate any
other requirement of the CWA. Notwithstanding the issuance of
this Section 309(a) Order, EPA retains the right to bring further
enforcement action under Sections 309(d) or 309(g) of the CWA,
for the violations cited in this Order and for any other
violation of the CWA. Violations of the CWA, including
requirements contained in an NPDES permit or a Section 309(a)
Order, remain subject to a civil penalty of up to $25,000 per day
for each violation pursuant to Section 309(d) of the CWA.
Under Presidential Executive Order 11738 and EPA regulations
issued thereunder (40 Code of Federal Regulations, Part 15),
facilities to be utilized in contracts, grants, or loans must be
in full compliance with all standards established pursuant to the
Clean Water Act and the Clean Air Act. A violation of the
standards outlined in this notification may result in the subject
facility becoming ineligible for participation in any work
associated with a Federal contract, grant, or loan.
R.cycusdmscycl.bli Pnnted with Vogeta Ie Oil Based Inks on 100% Recycled Paper (40% Poetconsumer)

-------
2
Should you have any questions concerning the enclosed Order,
please contact • at (404)347-7428.
Sincerely yours,
James Scarbrough, Chief
Facilities Performance Branch
Water Management Division
Enclosure
CC: Florida Department of Environmental Protection
Office of Regional Counsel

-------
3
bcc: EPA Headquarters
PFAFF OBENSHAIN SCARBROUGH

-------
ilO
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
345 COURTLAND STREET N E
ATLANTA GEORGIA 30365
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
Secretary
Florida Department of Environmental Protection
Tallahassee, Florida 32301
RE: ?ACIL ITY OR VIOLATOR
Administrative Order No.
Dear
Pursuant to Section 309(a) of the Clean Water Act (CWA), I
have determined that the above referenced facility is in
violation of the CWA. As a result, I have issued an
Administrative Order, pursuant to Section 309(a) of the CWA, a
copy of which is enclosed f or your reference. The Administrative
Order is presently being served.
Sincerely yours,
W. Ray Cunningham, Director
Water Management Division
Enclosure
bc: ORC-Attorney

-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
IN THE MATTER OF:
MODEL
WANE ) ADMINISTRATIVE ORDER
AD IYRSSS ) NO.
) Issued Pursuant to Section
) 309(g) of the Clean Water Act
ADMINISTRATIVE ORDER
Pursuant to the authority of Section 309 of the Clean Water
Act (CWA), as amended, 33 U.S.C. § 1319(a), which has been
delegated to the Regional Administrator of the Environmental
Protection Agency (EPA), Region IV, and redelegated to the
Director, Water Management Division, Region IV, I hereby make the
following Findings of Fact, Violation and Order:
I. FINDINGS OF FACT
1. Respondent is a person residing at (Address] se OR as
cotvoration organized under the laws <>2 [ Statel with a place of
business located at tAddressl OR municipality duly
organized and existing under the laws of (State], and is a
Irpersonfi within the meaning of Section 502(5) of the CWA, 33
U.S.C. § 1362(5).
2. The Respondent owns or operates a facility located at
Location which discharges “pollutant(s)” into name of
receiving stream, a “navigable waters” of the United States, each
within the definitions at Section 502 of the CWA, 33 U.S.C.
§ 1362.
3. Section 301(a) of the CWA, 33 U.S.C. § 1311(a),
prohibits the discharge of pollutants into navigable waters of
the United States by any person, except as in compliance with a
National Pollutant Discharge Elimination System (NPDES) permit
issued pursuant to Section 402 of the CWA, 33 U.S.C. § 1342.
4. On date , an EPA OR A Florida Department of
Environmental Protection inspector witnessed a discharge at the
Respondent’ s location.
5. Section 309(a) (3) of the CWA, 33 U.S.C. § 1319(a) (3),
provides, inter alia , whenever on the basis of any information
the Administrator finds that any person is in violation of
Section 301 of the CWA, 33 U.S.C. § 1311, that the Administrator

-------
2
shall issue an administrative order requiring compliance with the
CWA.
II. VIOLATION
6. The Respondent has violated Section 301(a) of the CWA,
33 U.S.C. § 1311(a), by discharging pollutants into waters of the
United States without a valid NPDES permit issued pursuant to
Section 402 of the CWA, 33 U.S.C. § 1342.
III. ORDER
Based upon the foregoing Findings of Fact and Violation, and
pursuant to the provisions of Section 309(a) (3) of the CWA, as
amended, 33 U.S.C. § 1319(a) (3), it is hereby ordered that:
7. The Respondent shall within twenty (20) days of receipt
of this Order, identify all surface water discharge points from
its wastewater treatment facility into waters of the United
States to include the flow amount, dates of discharge, and
discharge location.
8. The Respondent shall within twenty (20) days of receipt
of this Order, submit an application for an NPDES permit to the
U. S. Environmental Protection Agency, Region IV (EPA), or shall
submit a schedule for cessation of the discharge.
9 Effective upon receipt of this Order, the following
interim effluent limitations, monitoring requirements and other
requirements shall be met until such time as an NPDES permit is
issued or afl. wastewater discbar es bave ceased:
Discbar e thni tat ions
2 flnuai Monthly Daily Measurement San le
Average AveracTe Maximum Preauenev
Plow MGD} 5/ 4eek Meter
Biochemical 20 mg/I 25 mg/i 40 mg/I 1/Month Crab
Oxygen Den and
s bay)
Total $uspended 20 mg/I 30 mg/i 60 mg/i 1/Month
Solids
Totat Xjeldabi 7.9 mg/i .9 mg/i i5.8 mg/i i ./Montb Grab
Nitrogen
ecal Coliform 200 800 l/Qaa rter Giab
Bacteria,
(*/100 mU

-------
3
Total Residual 5/Week Grab
Chlorine
The Dissolved Oxygen shall not be less than 6.0 mg/i and shall be
monitored five times per week by a grab sample.
the pH shall not be less than 6.0 standard units nor greater than
8.5 standard units and shall be monitored five tSes a week by a grab
sample
There shall be no discharge of floating solids or visible foam in
other than trace amounts.
Teats conducted pursuant to the above program shall conform to 40
Code of Federal Regulations .(CPR) Part 13G.
10. Analyses shall be sunmiarized once each month on a Discharge
Monitoring Report (Egg) (EPA Form 3320-1). These reports shall be
submitted to EPA once each month and are due on the 28th day following
the end of the reporting period Ci. e, the August report would be due
not later than September 28th).
11. That the Respondent shall continue to maintain and operate
its facilities as efficiently as possible.
12. In the event there have been any changes in ownership,
operations or control of the Respondent’s facilities, the Respondent
shall submit the name and address of the purchaser and the date of
any sale within thirty (30) days of the date of the sale.
13. Information required to be submitted by this Order
shall be sent by registered mail, or its equivalent, to the
following addressees:
James H. Scarbrough, P.E., Chief
Water Permits and Enforcement Branch
Water Management Division
U.S. EPA, Region IV
345 Courtland Street, NE
Atlanta, Georgia 30365
AflN: APPROPRIATE UNIT
APPROPRIATE STATE OFFICE
ADDRESS
14. Failure to comply with the requirements of this Order
shall constitute a violation of this Order and the CWA and may
subject the Respondent to penalties as provided in Section 309 of
the CWA, 33 U.S.C. § 1319.

-------
4
15. This Order does not operate as an NPDES permit nor does
it replace, modify or eliminate any requirement of the CWA.
Nothing contained herein shall be construed as prohibiting
prosecution for the violations cited in this Order, for
violations of the Order itself, or for any other violations of
the CWA.
This Order is effective upon receipt.
Date W. Ray Cunningham, Director
Water Management Division

-------
,$ O Sr% UNITED STATES ENVIRCNMENTAL PROTECTION AGENCY
‘ REGION4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET SW per-ren. ltr
( PRS ATLANTA, GEORGIA 30303-8909
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
MODEL NOTIFICATION LETTER
REF: 4WM-WPEB
DRAFT DOCUMENT
ADDRESS
Re: NPDES Permit No.
Dear
On DATE , the above referenced National Pollutant
Discharge Elimination System (NPDES) permit was issued to your
facility with an expiration date of . In accordance
with the Clean Water Act (CWA), as amended, 33 U.S.C. § 1251, ,
seq. , the federal regulations at 40 C.F.R. §S 122.21(d) and
122.41(b), and Part II of your NPDES permit, an application for
reissuance was required at least one hundred and eighty (180)
days before permit expiration. Our records indicate that a
renewal permit has not been received by this Office.
If you intend to continue your permitted operation, please
complete the enclosed application forms and return them to the
attention of , Enforcement Section, Water
Permits and Enforcement Branch, Water Management Division. If
you have ceased or plan to cease your discharge, please provide a
written description and schedule of how you will accomplish
cessation of the discharge including any provisions for an
emergency discharge. If the discharge has already been
eliminated, please complete the enclosed No Discharge
Certification form and return it to this Office.
Failure to submit proper documentation may result in
enforcement action under Section 309 of the CWA. NPDES permits
that expire before receipt of a complete NPDES permit application
will not be continued in force. All facilities discharging
without a valid NPDES permit will be subject to enforcement
actions which could include the issuance of an Administrative
Order and/or the administrative imposition of civil penalties of
up to $10,000 per day per violation or the judicial imposition of
civil penalties of up to $25,000 per day per violation in
accordance with Section 309 of the CWA, 33 U.S.C. § 1319.
R.cycl.dIR.cycIabI. • Pnnted with Vegetathie Oil Based Inks on 100% Recycled Paper (40% Poatconaumer)

-------
-2-
Should you have any questions regarding this matter, please
contact at {404) 347-
Sincerely yours,
Chief
Unit
Enforcement Section
Water Permits and Enforcement Branch
Water Management Division
Enclosures
cc: Plorida Department of Environmental Protection (appropriate
District off ice)

-------
4p UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET, SW nov-exp ltr
ATLANTA, GEORGIA 30303.8909
CERTIFIED MAIL
RETU1 N RECEIPT REOUESTED
MODEL NOV LETTER
REF: 4WM-WPWB
DRAFT DOCUMENT
ADDRESS
Re: Notice of Violation
NPDES Permit No.
Dear
The above referenced National Pollutant Discharge
Elimination System (NPDES) permit was issued on
with an expiration date of . In accordance with
Part II, Section D, paragraph 11, an application for renewal of
the Permit should have been submitted at least one hundred and
eighty (180) days prior to the expiration date of the current
permit unless the Permit Issuing Authority has granted permission
to submit a late application. Since such permission has not been
granted, your facility may be in violation of your Permit and the
Clean Water Act (CWA).
If you intend to continue your permitted operation, please
complete the enclosed application forms and return them to the
attention of , Enforcement Section, Water
Permits and Enforcement Branch, Water Management Division at the
above address within fifteen (15) days of receipt of this letter.
If you have ceased or plan to cease your discharge, please
provide a written description and schedule of how you will
accomplish cessation of the discharge including any provisions
for an emergency discharge. If the discharge has already been
eliminated, please complete the enclosed No Discharge
Certification form and return it to this Office.
Failure to submit a complete renewal application or the No
Discharge Certification may subject you to the administrative
imposition of civil penalties of up to $10,000 per day per
violation or the judicial imposition of civil penalties of up to
$25,000 per day per violation in accordance with Section 309 of
the CWA, 33 U.S.C. § 1319.
(40% Postconsumer)

-------
-2-
NPDES permits that expire before receipt of a complete NPDES
permit application will not be administratively continued. If
your NPDES permit expires before receipt of a complete NPDES
permit application, you may be subject to administrative, civil,
and/or criminal penalties under Section 309 of the CWA for
discharging without a valid NPDES permit.
If you have specific questions regarding your
responsibilities or the consequences as to these requirements,
please contact at (404} 347-7428.
Sincerely yours,
Chief
Unit
Enforcement Section
Water Permits and Enforcement Branch
Water Management Division
Enclosure
cc: lorida Department of Environmental Prc>tection, (appropriate
Distric,t o iice)

-------
penalty. nts
MODEL
NOTES ON THE PROPOSED CWA SECTION 309(G)
AIJMINISTRATIVE PENALTY ASSESSMENT
(Respondent), owns and operates a
wastewater treatment facility (Facility) located at
ADDRESS , , Florida.
Respondent’s Facility has a capacity of MGD and employs
for the treatment of
wastewater. The treatment Facility consists of the following:
The treated
effluent is discharged into the , a navigable water
of the United States.
On DATE , EPA issued NPDES permit No. FLU to
the Respondent. This permit, effective DATE
required the Respondent to meet THE PERMIT PARAMETERS OR
PERMIT LIMITATIONS OP
during the subject time periods. Said permit has been
in effect during the entire subject period and continues in
effect at the present time.
VIOLATIONS e.g., During the periods of November, 1989
and March 1 1990 through June, 1990, the Respondent periodically
exceeded the permit limitation for TRC. Discharge Monitoring
Reports submitted to the EPA by the Respondent show five (5)
separate monthly violations of TRC limitation during said time
periods. This action is based upon these VIOLATIONS or
UNPERMITTED DISCHARGES INTO THE WATERS OF THE UNITED STATES.
In determining the proposed penalty amount in this case, EPA
Region IV took into account the following factors: the nature,
circumstances, extent and gravity of the alleged violations;
Respondent’s prior compliance history; degree of culpability for
the cited violations; any economic benefit or savings accruing to
Respondent by virtue of the violations; Respondent’s ability to
pay the proposed penalty and other matters as justice may
require. All such factors being identified in Section 309(g) (3)
of the Clean Water Act (Act), 33 U.S.C. § 1319(9) (3)
The Complaint alleges e.g. various violations of
Respondent’s NPDES pexinit issued pursuant to Section 402 of the
Act.. Section 309(d) of the Act provides for an civil
administrative penalty of up to $10,000 per day per violation.
The maximum administrative penalty limits are: Class I, $25,000
and Class II, $125,000. The assessed Class penalty of $
was determined after application of the above-mentioned penalty
assessment factors.
==> SKIP TO THE LAST PARAGRAPH TO COMPLETE THE FORM
oR

-------
2
IF, HOWEVER, THE LONG FORM IS DESIRED FOR PARTICULAR FACT
SPECIFZC OR INFORMATXONAL PURPOSES, ?HE FOLLOWING MAY BE
ADDED:
INSERT AS LAST SENTENCE ABOVE : The assessed Class penalty of
$ was determined after application of the following
penalty assessment factors:
1. Nature, circumstances, extent and gravity of
violations :
I)ESCRIPTION OP THE UIOLkTXQNS THEIR Nt 4BER 1 PREQUENCY
PERCENTAGE OVER PERNIT LIMITS, AND ANY ENVIRONMENTAL EARN
ATrIUBTJTABLE TO THE VIOLATIONS
2. Prior compliance history :
NOTE ANY PREVI )TJS NQN. CONPLIAN(2 O1 ENFrORCEMEN r
ACI’IONS TAXEN BY EPA OR THE TE.
3. Degree of culpability :
The Respondent is responsible for the violations.
4. Economic benefit :
The economic benefit realized by Respondent was computed by
using the “BEN” model of calculating the economic benefit of
noncompliance. The values entered into the BEN model were based
on (1) the delayed capital savings of $ which Respondent
realized as a result of its delay in implementing permanent
corrective measures such as
and (2) the interest earned on
those savings.. The period of noncompliance used in the model
was calculated from the start of noncompliance, which in this
case was DATE , the date of the first known violation,
and up through the point when the permanent corrective measures
were scheduled to be completed, DATE . Using the BEN
model, the net present value of the espondent’s delayed capital
investment totals $
5. Ability to Pay :
No evidence has been submitted nor has EPA aware of any
information regarding any inability of the Respondent to pay the
proposed penalty.

-------
3
6. Other matters that justice may rec uire :
OThER INFORMATION THAT MAY HAVE AFFECTED OUR PROPOSED
PENALTY MOtJ CALCULATION AS PROVIDED FOR IN THE EPA POLICIES,
(e.g., ACTS OF GOD) B JT EXCLUDING LITIGATION CONCERNS.
Region IV believes that the assessed penalty amount of
represents a fair and equitable application of the
factors identified in Section 309(g) (3) of the Act to this case.

-------
4
ENFORCEMENT CONFIDENTIAL
ADMINISTRATIVE PENALTY ORDER
COMPLAINT CALCULATI ON
Name & Location of Facility:
Date of Calculation:
Statutory Maximum for Class = $ 25,000
Complaint Calculations
No. of Violations
(1) Statutory Maximum:
x $10,000 = $ ,000
(2) Nature, Circumstances,
Extent, Gravity (+) $ 1000
(3) Economic Benefit (+) $
(4) Prior Violation History (+) $
(5) Degree of Culpability (-) $
(6) Other Matters as Justice
May Require (-) $
(7) Ability to Pay C-) $
(8) Complaint amount = $

-------
5
ENFORCEMENT CONFIDENTIAL
ADMINISTRATIVE PENALTY ORDER
INITIAL SETTLEMENT CPJJCULATION
Name & Location of Facility:
Date of Calculation:
Statutory Maximum for Class = $ 25,000
Settlement Calculations
No. of Violations
(1) Statutory Maximum:
x $10,000 = $ ,000
(2) Gravity (+) $ ,000
(3) Economic Benefit (i-) $
(4) Preliminary Total = $ ,000
(5) Recalcitrance Factor (+) $ 0
(6) Litigation Considerations C-) $ 0
(7) Ability to Pay (-) $ 0
(8) Initial Settlement Amount = $ ,000

-------
6
ENFORCEMENT CONFIDENTIAL
ADMINISTRATIVE PENALTY ORDER
FINAL SETTLEMENT CALCULP TION
Name & Location of Facility:
Date of Calculation:
Statutory Maximum for Class = $ 25,000
Settlement Calculations
No. of Violations
(1) Statutory Maximum:
X $10,000 = $ 1000
(2) Gravity (+) $ ,000
(3) Economic Benefit (÷) $
(4) Preliminary Total = $ 1000
(5) Recalcitrance Factor (+) $ 0
(6) Litigation Considerations (-) $ 2,000
(7) Ability to Pay (-) $ 0
(8) Final Settlement Amount = $ 1000

-------
7
ENFORCEMENT CONFIDENTIAL
AGENCY “WORKING PAPER”
ADMINISTRATIVE PENALTY ORDER
COMPLAINT CALCULATION WORKSHEET
FLORIDA
NPDES PERMIT NO. Pt
OtC is generically against the use of this document -
If used, it must he treated as a 0 draft” or Agency
‘ t worlcir*g paper’ t and disposed ot aLtar the case is closed.
It is not discoverable.
1. BEN Analysis
BEN is based on the cost of submitting a renewal NPDES
permit application. A BEN of $000,000.00 was calculated (see
attached computer printout). -
2. Monthly Gravity Components for Complaint Amount
Month/Year A B C D E $l 000x l+(A+B+C+D+E)
1/92 0 0 0 0 2 3
2/92 0 0 0 0 2 3
3/92 0 0 0 0 2 3
4/92 0 0 0 0 2 3
5/92 0 0 0 0 2 3
6/92 0 0 0 0 2 3
7/92 0 0 0 0 3 4
8/92 0 0 0 0 3
For purposes of assisting in the Agency’s determining the
Complaint amount, the aggressive gravity calculation for the
observed discharges i5: $1,000 x (1+(A+B+C+D+E)] = $26,000.

-------
8
ENFORCEMEN’r CONFIDENTIAL
ADMINISTRATIVE PENALTY ORDER
SETTLEMENT CALCTJLATION WORKSHEET
FLORIDA
NPDES PERMIT NO. FL
1. BEN Analysis
BEN is based on the cost of submitting a renewal NPDES
permit application. A BEN of $000f 000.00 was calculated (see
attached computer printout).
2. Monthly Gravity Components for Settlement
Month/Year A B C D E $ l000x l÷(A+B+C÷D+E)
1/92 0 0 0 0 1 2
2/92 0 0 0 0 1 2
3/92 0 0 0 0 1 2
4/92 0 0 0 0 1 2
5/92 0 0 0 0 1 2
6/92 0 0 0 0 1 2
7/92 0 0 0 0 2 3
8/92 0 0 0 0 2
For settlement purposes, the revised total of gravity for the
observed discharges iS: $1,000 x [ 1÷(A÷B+C÷D÷E)] = $18,000.
3. Litigation Considerations
For settlement purposes, credit of up to $2,000 may be given
for avoidance of a hearing in this matter.
4. Ability to Pay
EPA is unaware of any inability to pay defense on the part
of the Respondent.

-------
K

-------
NPDES
OTHER MODEL ADMINISTRATIVE ORDERS
AND LETTERS

-------
UNITED STATES ENVIRONMENTAL PROTECrION AGENCY
REGION 4
apo-etc. II
ADMINISTRATIVE COMPLAINT
IN ThE MATTER OF:
MACRO INPUT ) Proceeding to Assess Class
II
MACRO INPUT ) Civil Penalty Under
MACRO INPUT ) Section 309(g) of the
MACRO INPT.JT ) Clean Water Act
MACRO INPUT )
Docket No. CWA-IV 88-001
I. STATUTORY AUTHORITY
1. This Administrative Complaint is issued under the
authority vested in the Administrator of the U.S. Environmental
Protection Agency (“EPA”) by Section 309(g) (2) (B) of the Clean
Water Act (“Act”), 33 U.S.C. § 1319(g) (2) (B) . The Administrator
has delegated this authority to the Regional Administrator of EPA
Region 4, who in turn has delegated it to the Director of the
Water Management Division of EPA Region 4 (Complainant”).
2. Pursuant to Section 309(g) (2) (B) of the Act, 33 U.S.C. §
1319(g) (2) (B) and in accordance with the “Consolidated Rules of
Practice Governing the Administrative Assessment of Civil
Penalties and the Revocation or Suspension of Permits,” 40 CFR
Part 22, as amended (“Part 22”), Complainant hereby requests that
the Regional Administrator assess a civil penalty against (Name
of Respondent] (“Respondent”) for the unlawful discharge of a
pollutant into navigable waters in violation of Section 301(a) of
the Act, 33 U.S.C. § 1311(a)
E without authorization by a National Pollutant Discharge
Elimination System (“NPDES”) permit - - and/or -- in violation of
certain terms and conditions of a NPDES permit issued by (EPA]

-------
Estate] pursuant to Section 402 of the Act 1 33 U.S.C. § 1342.

-------
II. FINDINGS OF FACT
3. Respondent is a [ person residing at [ Address] -- or
corporation organized under the laws o (State] with a place of
business located at (Address] - - or - - municipality, duly
organized and existing under the laws of [ State] I, and is a
“person tt within the meaning of Section 502(5) of the Act, 33
U.S.C. § 1362(5).
4. Respondent (owns -- and/or -- operates] a (describe
facility) located at (Address] (“the facility”), which is and was
at all relevant times a “point source” within the meaning of
Section 502(14) of the Act, 33 U.S.C. § 1362 (14)
(UNPERNITrED DISCR RGE CLAIM]
5. Section 301(a) of the Act, 33 U.S.C. § 1311(a),
prohibits the discharge of pollutants into the navigable waters
of the United States, except in compliance with certain sections
of the Act.
6. tOn Ispecify dates) -- OR -- During the period from
(date to date), inclusive,) Respondent discharged (type of
po].lutantj from the facility to (name of water body], which is a
“navigable water” within the meaning of Section 502(7) of the
Act, 33 U.S.C. § 1362(7). [ Type of pollutant] is a “pollutant”
within the meaning of Section 502(6) of the Act, 33 U.S.C. §
1362 (6)
7. At no time did the Respondent have a NPDES permit for
the discharge described above in Paragraph 6. - OR
Respondent’s NPDES permit for the discharge of (type of
pollutant] to (name of water bOdlJ, issued pursuant to Section
402 of the Act, 33 U.S.C. § 1342, expired on [ date), and the
Respondent has never applied for or received a NPDES permit

-------
renewal or a new permit f or the discharge of a pollutant from the
facility.

-------
[ PERMIT VIOLATION cLAiM]
8. Section 301(a) of the Act, 33 U.S.C. § 1311(a),
prohibits the discharge of pollutants into the navigable waters
of the United States, except in compliance with certain sections
of the Act.
(9. FOR EPA-ISSUED PERMITS: Section 402 (a) of the Act, 33
U.S.C. § 1342 a) , provides that the Administrator of EPA may
issue permits under the NPDES program for the discharge of any
pollutant into the navigable waters of the united States upon
such specific terms and conditions as the Administrator may
prescribe.]
[ 9. FOR STATE-ISSUED PERMITS: Section 402(b) of the Act,
33 U.S.C. fl 342, provides that the Administrator may
authorize a State to issue NPDES pennits in corqliance with the
requirements of the Act. The Administrator has granted the
(State] through the (State agency] the authority to issue NPDES
permits pursuant to Section 402 (b) of the Act.]
10. Pursuant to Section 402 of the Act, 33 U.S.C. § 1342,
[ the Administrator of EPA, through the Director of the water
Management Division] --‘ Ot - - the Statel, issued NPDES permit
number (tocxx) (“the NPDES permit”) to Respondent, effective
(date] with an expiration date of [ date].
[ FOR PERMIT EFFLUENT VIOLATIONS]
11. The NPDES permit authorized the Respondent to discharge
pollutants from the facility into the [ name of water bodyl,
subject to the specific terms and limitations of the NPDES
permit. The NPDES permit established effluent limitations of
(describe relevant parametersi for discharges from the facility.
12. (On (specify dates) - OR - - During the period from

-------
(date to date , inclusive,) the Respondent discharged (type of
pollutanti from the facility to the (name of water body] in
excess of effluent limitations as prescribed by the NPDES permit.
(FOR LATE OR MISSING DMR’Sl
13. Under the authority of Section 308(a) of the Act, 33
U.S.C. § 1318(a), and its implementing regulations at 40 CFR
Section 122.41, the NPDES permit required the Respondent to
periodically submit discharge monitoring reports ( 11 DMR5”).
14. (On (specify dates) -* OR - During the petiod frøm
(date to date), inclueive,1 the Respondent failed to submit a DMR
as required by the NPDES permit.
(FOR LL COMPLAINTS]
15. The Respondent’ s (diacharges -* and/or - Lailure to
submit 1 lR’s) as described above violated (Section 301(a) --
and/or -- Section 3O8 a)] of the Act, 33 U.S.C. §
].311(a),1i18(a). Consequently, under Section 309(g) (2) (B) of the
Act, 33 U.S.C. § 1319(g) (2) (B), the Respondent is liable for the
administrative assessment of a civil penalty in an amount not to
exceed $10,000 per day of violation, up to a maximum of $125,000.
16. EPA has consulted with the State of (State namej
regarding this proposed action by mailing a copy of this document
to the appropriate State official, and offering an opportunity
for the State to consult with EPA on the proposed penalty
assessment.
III. NOTICE OF PROPOSED PENALTY
17. Based on the foregoing findings of fact, and pursuant
to the authority of Section 309(g) (2) (B) of the Act, 33 U.S.C. §
1319(g) (2) (B), the Complainant proposes that the Regional

-------
Administrator assess administrative penalties against the
Respondent in the amount of La specific, proposed amounti
18. The proposed penalty amount was determined by
Complainant after taking into account the nature, circumstances,
extent and gravity of the violation, or violations, and
Respondent’s ability to pay, prior compliance history, degree of
culpability, economic benefit or savings accruing to Respondent
by virtue of the violations, and such other matters as justice
may require, all factors identified at Section 309(g) (3) of the
Act, 33 U.S.C. § 1319(g) (3)
IV. NOTICE OF OPPORTUNITY TO REQUEST A HEARING
19. Respondent has a right to a hearing on this matter
pursuant to Section 309(g) (2) (B) of the Act, 33 U.S.C. §
1.319 (g) (2) (B). To request a hearing, Respondent must file a
written Answer within twenty (20) days of receipt of this
Complaint. The Answer must be in conformance with Part 22, a
copy of which is enclosed.
20. If Respondent does not file an Answer to the Complaint
within the applicable deadline (see § 22.15(a)), default
proceedings may be initiated pursuant to 40 CFR § 22.17. A
default by Respondent constitutes an admission of all facts
alleged in the Complaint and a waiver of Respondent’s right to a
hearing on such factual allegations.
21. Respondent must send the Answer to:
Regional Hearing Clerk
U. S. EPA Region 4
100 Alabama Street, S.W.
Atlanta, Georgia 30303
DATE Robert F. McGhee, Director

-------
Water Management Division

-------
UNITED STATES ENVIRONMENTAL PROTEC]:’ION AGENCY
REGION 4
CONSENT AGREEMENT MID
CONSENT ORDER
IN THE MATTER OF:
MACRO INPUT
MACRO INPUT
MA O INPUT S
MACRO INPUT ) Docket No. CWA-IV 88-001
N INPUT
I. STATUTORY AUTHOR IT
1. This Consent Agreement and Consent Order is issued
under the authority vested in the Administrator of the U.S.
Environmental Protection Agency (“EPA”) by Section 309(g) (2) (B)
of the Clean Water Act (“Act”), as amended, 33 U.S.C. §
1319(g) (2) (B). The Administrator has delegated this authority to
the Regional Administrator of EPA Region 4, who in turn has
delegated it to the Director of the Water Management Division of
EPA Region 4. In accordance with the “Consolidated Rules of
Practice Governing the Administrative Assessment of Civil
Penalties and the Revocation or Suspension of Permits”, 40 CFR
Part 221 as amended (“Part 22”), the Director of the Water
Management Division hereby issues this Consent Agreement and
Consent Order.
II. STIPULATIONS MID FINDINGS
The Respondent, by (h is/be /i sJ attorney or other
authorized representative, stipulates and EPA finds as follows:
2. On ( te) EPA issued an Administrative Complaint, Docket
No. CWA-IV 89OO] , pursuant to Section 309(g) (2) (B) of the Act,
33 U.S.C. §1319(g) (2) (B), alleging that Respondent was in
violation of Section 301(a)’arid/or 3O ?(b) a /or 308(a) of the

-------
Act, 33 U.S.C. § 1311(a) and/or 1317(b) and/or 1318(a), and
proposing a penalty of $ (specific amount].

-------
3. In the Administrative Complaint, EPA alleged that:
(Insert allegations of jurisdiction
and violations cited in complaint)
[ IF RESPONDENT ADMITS THE VIOLATIONSt
4. Respondent admits the findings of fact and violation(s)
as alleged in the Administrative Complaint as set forth above,
and waives (bis/her/ its right [ XE NO Section 22.21 HEARING HAS
BEEN liEU>: to a hearing under Section 309(g) (2) (8) of the Act, 33
U.S.C. § L3].9(g) (2) (8), and) to appeal this Order under Section
309(g) (8) (B) of the Act, 33 U.S.C. Section 1319(g) (8) (B) . (IF
THERE HAVE BEEN COI44ENTERS Respondent reserves [ his/her/its]
right to contest any petition to set aside this Consent Agreement
and Consent Order on the ]*sis that the material evidence, if
any, presented by the petitioners was considered in the issuance
of this Consent Agreement and Consent Order.]
(IF RESPONDENT REFUSES TO )WMIT TEE VIOLATIONS:
5. Respondent admits the jurisdictional allegations in the
Administrative Complaint as set forth above and neither admits
nor denies the specific violation(s) alleged in the
Administrative Complaint. Respondent waives (his/her/its) right
[ IF NO Section 22 21 HEARING HAS BEEN HELD to a hearing under
Section 309(9 ) (2) (8) of the Act, 33 U.S.C. § 1319 (g) (2) (3) * and l
to appeal this Order under Section 309(g) (8) (B) of the Act, 33
U.S.C. § 1319(g) (8) (B) . (IF THERE HAVE BEEN CQMMENTERSg
Respondent reserves [ his/bert itsi right to contest any petition
to set aside this Consent Agrélnent and Consent Order on the
basis that the material evidence 3 if any, presented by the
petitioners was considered in the issuance of this Consent
Agreement and Consent Order.]

-------
For incluc ion of $EPs - see May 24 1995 Headq_uarters’
memorandum entitled, “Drafting Guidance for Revised Interim
Supp:Lemental Environmental Projects Policy 1 ’
III • PENALTY AND CONSENT ORDER
6. Based on the forgoing Stipulations and Findings, IF
THERE HA 1IE BEEN CO 4ENTS RECEIVED: and having taken into account
material information presented by con*nenters in this case. I and
under the authority of Section 309(g) (2) (B) of the Act, 33 U.S.C.
§ 1319 (g) (2) (B), EPA HEREBY ORDERS AND RESPONDENT HEREBY
CONSENTS, that:
a. (No later than thirty (30) days after] or tuponi the
effective date of this Consent Agreement and Consent Order as
defined in Section VI, the Respondent shall submit a money order
or a cashier’s or certified check in the amount of $(amount3 ,
payable to Treasurer, United States of America to:
EPA Region 4
P.O. Lock Box 100142
Atlanta, Georgia 30384
b. The Respondent shall note on the penalty payment check
or money order the title and docket number of this case. The
Respondent shall submit copies of the check or money order to the
following persons:
Ms. Julia Mooney
Regional Hearing Clerk
U.S. Environmental Protection Agency
Region 4
100 Alabama Street, S.W.
Atlanta, Georgia 30303
and
Ms. Susan J. Pope
Clean Water Act Enforcement Section
Water Programs Enforcement Branch
Water Management Division
U.S. Environmental Protection Agency
Region 4
100 Alabama Street, S.W.

-------
Atlanta, Georgia 30303
7. Failure by the Respondent to pay the penalty assessed by
this Consent Agreement and Consent Order in full by its due date
may subject Respondent to a civil action to collect the assessed
penalty, plus interest, attorney’s fees, costs and an additional
quarterly nonpayment penalty pursuant to Section 309(g) (9) of the
Act, 33 U.S.C. Section 1319(g) (9). In any such collection
action, the validity, amount and appropriateness of the $(amoun ]
penalty shall not be subject to review.
IV. GENERAL PROVISIONS
8. The provisions of this Consent Agreement and Consent
Order shall be binding upon Respondent, this/her/it -si officers,
directors, agents, servants, employees, and successors or
assigns.
9. This Consent Agreement and Consent Order does not
constitute a waiver, suspension or modification of the
requirements of the Clean Water Act, 33 U.S.C. Sections 1251
or any regulation promulgated thereunder.
10. Each signatory party shall bear its own costs and fees
associated with this action.
11. For purposes of federal income taxation, Respondent
shall not be entitled to, and agrees not to, claim a deduction
f or any penalty payment made pursuant to this Consent Agreement
and Consent Order.
V. RESERVATION OF RIGHTS
12. The United States specifically reserves all rights to
pursue criminal enforcement as well as the right to initiate an
action for imminent and substantial endangerment, including the
right to seek injunctive relief and/or the imposition of
statutory penalties. This reservation of rights does not waive

-------
any other rights the Thtited States may have but has not stated
herein.

-------
VI. EFFECTIVE DATE
( U? THERE HAVE BEEN NO COIWJME!flERS;
13. This Consent Agreement and Consent Order shall become
effective thirty 130) days after the date of issuance noted
below.]
(IF THERE HAVE BEEN CO(t4ENTERS:
13. This Consent Agreement and Consent Order shall become
effective thirty (30) days trait the day that the Respondent
receives the fully executed Consent Agreement and Consent Order
unless a petitionS to the Administrator to set aside the Order is
filed by a camnenter pursuant to
40 CFR § 22.38 (f) and Section 3091g) (4) (C) of the Act, 33 U.s.c.’
§ 1319 (g) 14) (C). If the Athninistrator denies a hearing under
section 3091g) (4) (C) of the Act, 33 U.S.C. S 1319(g ) (4) (C) this
Consent Agreement and Consent Order shall become effective thirty
(30) days after such denial].
(NMIE OF RESPONDENT]
Date: ______________ __________________________
(Name/Title 1 Authórizèd
Representative of Respondent
Authorized Representative of Respondent
U. S. ENVIRONMENTAL PROTECHON AGENCY
Issued this ________________ day of __________________, 19
Robert F. McGhee, Director
Water Management Division
U.S. EPA Region 4

-------
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
INPUT state address
RE: Notice of Proposed Administrative Penalty Assessment,
Docket No. CWA-IV INPIfl docket
Dear INPUT state:
Enclosed is a copy of the administrative complaint which
contains a proposed administrative penalty assessment which the
Administrator of the United States Environmental Protection
Agency (EPA) proposes to issue to INPUT company pursuant to
Section 309(g), 33 U.S.C. 1319(g), of the Clean Water Act (Act).
The Administrator proposes to issue the complaint to begin the
process to assess administratively a Class II civil penalty of up
to $125,000 against XNPtfl company for violations of the Act.
Because the violations have occurred in INPUT state, EPA is
offering to you an opportunity to confer with us regarding the
proposed assessment. If you wish to request a conference, or if
you have any comments or questions regarding the matter, you may
call me at (404)562-9330, or your staff may call INPUT WHO?. A
request for a conference must be made within fifteen (15) days of
receipt of this letter. The conference may be in person or by
telephone and may cover any matters relevant to the proposed
assessment.
A copy of EPA procedures governing the assessment of Class
II administrative penalties under the Act is enclosed for your
reference. [ DWTYF the following boilerplate language tor
Alternate Dispute Reso lution if complaint ts equal to or greater
than $50 ,000 and complaint issued before December 31, 1996, which
is the end of the ADR pilot: “In addition, please find enclosed a
sheet entitled which explains Region 4’s Alternative
Dispute Resolution (ADR) pilot prognm process The pilot
prpgram entails the appointment of an Agency neutral to
facilitate settlement discussions between the Respondent and EPA.
The Respondent in this case will be afforded the opportunity to
use this Ant process.9
Sincerely,
Robert F. McGhee, Director
Water Management Division
Enclosures

-------
CC: Regional Hearing Clerk

-------
bc: ORC
HQ

-------
1to si• 4
‘ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
100 ALABAMA STREET, S.W.
St 4 pp 0 (tc ATLANTA, GEORGIA 30303-3104
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
INPUT company address
RE: Notice of Proposed Assessment of a
Civil Penalty; Docket No. CWA-IV INPUT docket
Dear INPtft lastname:
Enclosed is a document entitled “Administrative Complaint.”
We have filed this Complaint against INPUT conpany under the
authority of Section 309(g) of the Clean Water Act (Act), 33
U.S.C. Section 1319(g). In the Complaint, the U. S.
Environmental Protection Agency (EPA) alleges that lNPtfl company
name has violated various provisions of the Act, and its
implementing regulationsnpdess . The violations EPA is alleging
are specifically set out in Section II of the Complaint.
By law, you have a right to request a Hearing regarding the
violations alleged in the Complaint, arid the proposed
administrative civil penalty. To avoid a default judgment, you
also must file an Answer to the Complaint. Please pay particular
attention to Complaint Section IV entitled “Notice of Opportunity
to Request a Hearing.” Note that should you fail to request a
Hearing and file an Answer within twenty days of your receipt of
the Complaint, you will waive your right to such a Hearing and
the proposed civil penalty may be assessed against you without
further proceedings. You have the right to be represented by an
attorney, or to represent yourself at any stage of these
proceedings.
[ INPUt the foflowing boilerplate language tor Alternate Dispute
Resolution i , complaint is equal to or greater than $50, 000 and
complaint issued before December 31, 1996, which is the end of
the ADR pilot: ‘You may choose to resolve this Complaint througb
Region 4tg Alternative Dispute Resolution (ADR) pilot program
process. The enclosed sheet entitled “NOTICt explains the AUR
process in Region 4. The process entails the appointment of a
senior Agency rney, an 11 Agency neutrals to facilitate
settlement discussions between yon and EPE Should you desire to
follow this alternative procedure . you must request that such a
process be tollowed within 20 days of receipt of this Complaint.
PLEASE 140Th THAt A E NQUEST FOR ADR DOES NOt EXTEND Tfl
DEADLINE FOR YOU TO FILE AN ANSWER TO TUE COMPLAINT. “I
Whether or not you request a Hearing, we invite you to
confer informally with EPA concerning the alleged violations and
the amounJj 9 t ,,9gp çd na A - m c e ritjourself
or be repr sentect by an a!torney a any anrff ence, w hecher in

-------
i O S1q
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
or by telephone. AT parties against whom
es a Complaint a penalty to pursue
the possibility of settlement as a resu’lt of an informal
conference (add i a propziate ox the PaDR process ’). If such a
mutually satisfactory settlement can be reached, it will be
formalized by the issuance of a Consent Agreement signed by you
and by the Regional Administrator, EPA Region 4. The issuance of
such a Consent Agreement shall constitute a waiver by you of your
right to a hearing on, and to a Judicial appeal of, the agreed
upon civil penalty.
A request for an informal conference does not extend the
twenty days by which you must request or waive a Hearing on the
proposed penalty assessment; and the two procedures can be
pursued simultaneously. If you have any questions, or wish to
discuss the possibility of settlement of this matter, please
contact INPUT WHO?. An attorney from the Agency’s Office of
Regional Counsel will normally be present at any informal
conference held.
We urge your prompt attention to this matter.
Sincerely,
Robert F. McGhee, Acting Director
Water Management Division
Enclosure
cc: INPUT etate agency
Regional Hearing Clerk
.Pilnted with Veget Ie OH Based Inks on 100% Recy ed Paper (40% Postconsumer)

-------
• EO UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION4
Rc ATLANTA FEDERAL CENTER
100 ALABAMA STREET, SW.
ATLANTA, GEORGIA 30303-3104
RscyclodlR.cyclabl. • Printed wfth Vegetable ON Based lnl on 100% Recycled P er (40% Po consumer)

-------
S1
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
‘ION4
U I
_____ ATLANTA FEDERAL CENTER
100 ALABAMA STREET, S W.
L ppo1 ATLANTA, GEORGIA 30303-3104
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
XNPUt eonçany address
RE: Tentative Consent Agreement and Consent Order
Docket No. CWA-IV INPUT docket
XNPtJT npdesno?
Dear XNPTYX’ lastname:
Pursuant to the informal conference between you and the
United States Environmental Protection Agency (EPA) on INPUT
n date, enclosed please find a tentative Consent Agreement and
Consent Order. If you find that this document accurately
reflects the tentative agreement reached at the above-mentioned
informal conference, it should be signed and returned to INPUT
WHO?
Once the Consent Agreement is formalized with both your
signature and the signature of the appropriate EPA official, an
executed copy will be sent to you. The issuance of this Consent
Agreement shall constitute a waiver by you of your right to a
hearing on, and to a Judicial appeal of, the agreed upon civil
penalty.
If you have any questions, please contact INPUT ThiO?
Sincerely,
Robert F. McGhee, Director
Water Management Division
Enclosure
R.cycl.dlRecyclabl. • Punted with Vegetable OU Based Inl on 100% Recy ed Paper (40% Postconsumer)

-------
bcc: ORC
HQ

-------
apo-etc.I
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ADMINISTRATIVE COMPLAINT
IN THE MATI’ER OF
Proceeding to Assess Class I
MACRO INPUT Civil Penalty Under
MACRO INPUT Section 309(g) of the
MACRO INPUT Clean Water Act
MACRO INPUT
MACRO INPUT
MACRO INPUT
MACRO INPUT
Respondent. I Docket No. CWA-IV 88-002.
I. STATUTORY AUTHORITY
1. This Administrative Complaint is issued under the
authority vested in the Administrator of the U.S. Environmental
Protection Agency (“EPA”) by Section 309(g) (2) (A) of the Clean
Water Act (“Act”) , 33 U.S.C. § 1319(g) (2) (A) . The Administrator
has delegated this authority to the Regional Administrator of EPA
Region 4, who in turn has delegated it to the Director of the Water
Management Division of EPA Region 4, who in turn has delegated it
to the Chief of the Water Programs Enforcement Branch of EPA Region
4 (“Complainant”).
2. Pursuant to Section 309(g) (2) (A) of the Act, 33 U.S.C. §
1319(g) (2) (A) and in accordance with the proposed “Consolidated
Rules of Practice Governing Class I Civil Penalties Under the Clean
Water Act,” 56 Fed. Reg. 29,996 (July 1, 1991) (“Part 28”),
Complainant hereby requests that the Presiding Officer assess a
civil penalty against [ Name of Respondent] (“Respondent”) for the
unlawful discharge of a pollutant into navigable waters in
violation of Section 301(a) of the Act, 33 U.S.C. § 1311(a) E

-------
without authorization by a National Pollutant Discharge Elimination
system ( NPDES ) permit - - and/or - - in violation of certain terms
and conditions of a NPDES permit issued by EPA pursuant to sect ion
402 of the Act 33 U.S.C. S 1342.
II. ALLEGATIONS
3. Respondent is a [ person residing at [ Addressj — or - -
corporation organized under, the laws of (State] with a place of
business located at (Address] or - - municipality, duly
organized and existing under the laws of (Statel] , and is a
“person” within the meaning of Section 502(5) of the Act, 33
U.S.C. § 1362(5).
4. Respondent (owns - - andfor - - cperatesI a [ describe
facility] located at fAddressl (“the facility”), which is and was
at all relevant times a “point source” within the meaning of
Section 502(14) of the Act, 33 U.S.C. § 1362(14).
[ UNPERMITTED DISCHARGE CLPiIM]
5. Section 301(a) of the Act, 33 U.S.C. § 1311(a),
prohibits the discharge of pollutants into the navigable waters
of the United States, except in compliance with certain sections
of the Act.
6. tOn (specify dates) - - OR -- During the period front
(date to date), inclusive,,] Respondent discharged from the
facility [ type of pollutanti to (name of water body], which is a
“navigable water” within the meaning of Section 502(7) of the
Act, 33 U.S.C. § 1362(7). [ Type of pollutant] is a “pollutant”
within the meaning of Section 502(6) of the Act, 33 U.S.C. §

-------
1362 (6)
7. At no time did the Respondent have a NPDES permit for
the discharge described above in Paragraph 6. - - OR - -
Respondent’s NPDES permit for the discharge of [ type of
potlutantj to Iname of water bodyJ, issued pursuant to Section
402 of the Act, 33 U.S.C. § 1342, expired on [ date], and the
Respondent has never applied for or received a NPDES permit
renewal or a new permit for the discharge of a pollutant from the
facility.
[ PERMIT VIOLATItR4 cLAIM]
8. Section 301(a) of the Act, 33 U.S.C. § 1311(a),
prohibits the discharge of pollutants into the navigable waters
of the United States, except in compliance with certain sections
of the Act.
[ 9. FOR EPA-ISSUED PERMITS: Section 402(a) of the Act,
33 u.s.c. § 1342 (a), provides that the Administrator of EPA may
issue permits under the NPDES program for the discharge of any
pollutant into the navigable waters of the United States upon
such specific terms and conditions as the Administrator may
prescribe.]
[ 9. FOR S’MTE-ISSUED PERMITS: Section 402(b) of the Act,
33 U.S.C. § 1342(b) , provides tbat the Administrator may
authorize a State to issue NPDES permits in compliance with the
requirements of the Act. The Administrator has granted the
[ State] through the [ state agencyl the authority to issue I4PDES
permits pursuant to Section 402 b) of the act. I
10. Pursuant to Section 402 of the Act, 33 U.S.C. § 1342,

-------
(the Atinistrator of EPA, through the Director of the Water
Management Division] - - at - - the State], issued NPDES permit
number (xxxxX] (“the NPDES permit”) to Respondent, effective
(date] with an expiration date of (date].
(FOR PERMIT EFFLUENT VIOLATIONS]
11. The NPDES permit authorized the Respondent to
discharge pollutants from the facility into the iname.of watn
bodyi, subject to the specific terms and limitations of the NPDES
permit. The NPDES permit established effluent limitations of
(describe relevant parameters] for discharges from the facility.
12. (Qi (specify dates) - - OR - - During the period froi
‘(date to date), inclusive,] the Respondent discharged (type of
pollutant) from the facility to the (name of water body] in
excess of effluent limitations as prescribed by the NPDES permit.
(FOR LATE OR MISSING EMR’ 5]
13. Under the authority of Section 308 of the Act, 33
U.S.C. § 1318, and its implementing regulations at 40 CFR §
122.41, the NPDES permit required the Respondent to periodically
submit discharge monitoring reports (“DMRs”).
14. (On (specify dates) - - OR During the period tram
(date to date), inclusive.] the Respondent failed to submit a DMR
as required by the NPDES permit.
[ FOR ALL COMPLAINTS]
15. The Respondent’ s [ discharges - - and/or - a failure to
submit DMR’sl as described above violated (section 301(a) - -
and/or -- section 308 (a) of the Act, 33 U.S.C. U 301(a),
308(a)). Consequently, under Section 309(g) (2) (A) of the Act, 33

-------
U.S.C. § 1319(g) (2) (A), the Respondent is liable for the
administrative assessment of civil penalties in an amount not to
exceed $10,000 per violation, up to a maximum of $25,000.

-------
III. PROPOSED PENALTY
16. Based on the forgoing Allegations, and pursuant to the
authority of Section 309(g) (2) (A) of the Act, the Complainant
proposes that the Presiding Officer assess administrative
penalties against the Respondent in the an oui1t of La specific.
proposed amount] -- or -- in an amount not to exceed $10,000 per
violation, up to a maximu o $ZL 000.
Date: _____________ ________________________
Mary Kay Lynch, Chief
Water Programs Enforcement Branch
Certified as legally sufficient:
__________________________ Date:
XNPtfl
Assistant Regional Counsel

-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
IN THE MA’ITER OF
CONSENT ORDER
MACRO INPUT
MACRO ZN1 UT
MAcRO flPTJT I Docket No. CWA-IV 88OO1
MACRO INPUT
MACRO INPUT
MACRO INPtIT
MACRO INPUT
Respondent. _________________________
I. STATUTORY AUTHORITY
1. This Consent Order is issued under the authority vested
in the Administrator of the U.S. Environmental Protection Agency
(“EPA”) by Section 309(g) (2) (A) of the Clean Water Act (“Act”),
as amended, 33 U.S.C. § 1319(g) (2) (A). The Administrator has
delegated this authority to the Regional Administrator of EPA
Region 4, who in turn has delegated it to the Director of the
Water Management Division of EPA Region 4, who in turn has
delegated it to the Chief of the Water Programs Enforcement
Branch of EPA Region 4. In accordance with the “Consolidated
Rules of Practice Governing Class I Civil Penalties Under the
Clean Water Act” 56 Fed. Reg. 29, 996 (July 1, 1991) (“Part 28”),
the Chief of the Water Programs Enforcement Branch hereby issues
this Consent Order.
II. STIPULATIONS AND FINDINGS
The Respondent, by h.ta/her/ita attorney or other authorized
representative, stipulates and EPA finds as follows:
2. On [ date) EPA issued an Administrative Complaint, Docket

-------
No. CWA-IV 88-00 1, pursuant to Section 309(g) (2) (A) of the Act,
33 U.S.C. § 1319(g) (2) (A), alleging that Respondent was in
violation of Section 301(a) and/or 307(b) and/or 308(a) of the
Act, 33 U.S.C. § l3flta) and/or 1317(b) and/or 1318(a ), and
proposing a penalty of $ [ specific amount).
3. In the Administrative Complaint, EPA alleged that:
(Insert allegations of jurisdiction
and violations cited in con laint]
[ 2? RESPONDENt Ai*itfl THE vxora rais
4. Respondent admits the facts and findings of violation as
alleged in the Administrative Complaint as set forth above, and
waives (bis/ber/ its] right [ 21’ NO § 28.26 HEARING HAS SEEN EEW
to a bearing wider Section 309 (9) (2) (A) of the Act 33 U 4 5.C 4
1319(g)(2flA), and) to appeal this Consent Order under Section
309(g) (8) (A) of the Act, 33 U.S.C. § 1319(g) (8) (A). E l? THERE
HAVE EBEN C SNTERS Respondent reserves this/her/its] right to
contest any petit ion to set aside this Consent Order on the basis
that the material evidence, it any, presented by the petitioners
was cqnsidered in the issuance of this Consent Order.. I
[ U’ RESPONDSfl REFUSES TO STh4fl THE VIQLk’fl($S;
5. Respondent admits the jurisdictional allegations in the
Administrative Complaint as set forth above and neither admits
nor denies the specific violation(s) alleged in the
Administrative Complaint. Respondent waives (hig/ber/itsi right
[ IF NO § 28.26 HEARING MS BESN HEW: to a hearing under Section
309(g) (2) 4A)’ of the Act, ,and] to appeal this Order under Section
309(g) (8) (A) of the Act, 33 U.S.C. § 1319(g) (8) (A) . IX? flIERS

-------
HAVE BEEN CCt*(ENTERS Respondent reserves this/her/its] riqht to
contest any petition to set aside this Consent Order on the basis
that the material evidence, if any, presented by the petitioners
was considered in the issuance at this Consent Order.]
I II. CONSENT ORDER
6. Based on the forgoing Stipulations and Findings, (IF
THERE HAVE BEEN COMMENTS RECEIVED: and having taken into account
material information presented by commenters in this case,] and
under the authority of Section 309(g) (2) (A) of the Act, 33 U.S.C.
§ 1319(g) (2) (A), EPA HEREBY ORDERS AND RESPONDENT HEREBY
CONSENTS, that:
a. [ No later than thirty 430) days after] (t onj the
effective date of this Consent Order as defined in Section VI,
the Respondent shall submit a money order or a cashier’s or
certified check in the amount of $tanount3, payable to
Treasurer, United States of America to:
EPA Region 4
P.O. Lock Box 100142
Atlanta, Georgia 30384
b. The Respondent shall note on the penalty payment check
or money order the title and docket number of this case. The
Respondent shall submit copies of the check or money order to the
following persons:
Ms. Julia Mooney
Regional Hearing Clerk
U.S. Environmental Protection Agency
Region 4
100 Alabama Street, SJ’J.
Atlanta, Georgia 30303
and
Ms. Susan J. Pope

-------
Clean Water Act Enforcement Section
Water Programs Enforcement Branch
Water Management Division
U.S. Environmental Protection Agency
Region 4
100 Alabama Street, S.W.
Atlanta, Georgia 30303
7. Failure by the Respondent to pay the penalty assessed by
this Consent Order in full by its due date may subject Respondent
to a civil action to collect the assessed penalty, plus interest,
attorney’s fees, costs and an additional quarterly nonpayment
penalty pursuant to Section 309(g) (9) of the Act, 33 U.S.C. §
1319(g) (9). In any such collection action, the validity, amount
and appropriateness of the I:amount] penalty shall not be subject
to review.
IV. GENERAL PROVISIONS
8. The provisions of this Consent Order shall be binding
upon Respondent, LhiS/her/itsj officers, directors, agents,
servants, employees, and successors or assigns.
9. This Consent Order does not constitute a waiver,
suspension or modification of the requirements of the Clean Water
Act, 33 U.S.C. § 1251 et seq., or any regulation promulgated
thereunder.
10. Each signatory party shall bear its own costs and fees
associated with this action.
V. RESERVATION OF RIGHTS
11. The United States specifically reserves all rights to
pursue criminal enforcement as well as the right to initiate an
action for imminent and substantial endangerment, including the
right to seek injunctive relief and/or the imposition of

-------
statutory penalties. This reservation of rights does not waive
any other rights the United States may have but has not stated
herein.

-------
VI. EFFECTIVE DATE
(IF THERE HAVE BEEN NO CCMMENTERS 1
12 . This Consent Order shall become effective thirty (30)
days after completion of service .1
(IF THERE HAVE BEEN COI IMENTERS;
12. This Consent Order sha ll become effect in thirty (30)
days eroat the day that the Respondent receives the fully executed
Consent Order, unless a petition to the Regional A&d.nistrator to
set aside the Consent Order is filed by a conunenter pursuant to
Part 28 and Section 3Oflg) (4) (C I of the ACt , 33 U.S.C. §
afl9 (g) (4) CC). If the Regional Atbuinistrator denies the
, pursuant to Part 28, this consent Order shall become
effective thirty (30) days after such denial).
LNMW OP RESPONDENT]
Date: ______________ ___________________________
(Name /tItle, Ant horizéd
Representative of Respondent
Authorized Representative of Respondent
U. S - ENVIRONMENTAL PROTECTION AGENCY
Date: ______________ __________________________
Mary Kay Lynch, Chief
Water Programs Enforcement Branch
Water Management Division
U.S. EPA Region 4
Issued this _________ day of ________________, 19
NOTE: IF THERE flU BEEN COMMENThRS, the Water Management
Division Director MUST issue the Consent Order, theref ore .
include the Director and modify the first paragraph by removing

-------
Docket No. INPUT
CERTIFICATE OF SERVICE
I certify that the forgoing Class I Administrative Complaint
and Opportunity to Request Hearing or Informal Conference was
sent to the following persons, in the manner specified, on the
date below:
Original hand-delivered:
Ms. Julia Mooney
Regional Hearing Clerk
U.S. EPA
Region 4
100 Alabama Street, S.W.
Atlanta, Georgia 30303
Copy by certified mail,
return receipt requested:
INPUT it .e INPUT firstname INPUT
astnamI -‘
S INPUT jobtitle
XNPUr 5ti eetone
INPUT streettwo
INPUT city, INPUT tatê INP W *ipc ,de
state addiess
Dated: ___________________________
Susan Pope, Compliance Analyst
U.S. EPA Region 4
100 Alabama Street
Atlanta, Georgia 30303

-------
reference to delegation to the braüch level.

-------
1 O ST
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
ATLANTA FEDERAL CENTER
100 ALABAMA STREET, S.W.
pc cø ATLANTA. GEORGIA 30303.3104
Ms. Julia Mooney
Regional Hearing Clerk
U.S. EPA
Region 4
100 Alabama Street, S.W.
Atlanta, Georgia 30303
Re: In the Matter of INPUT co auyname
zNp 7r permit
Docket No; CWA-IV INPUT docket
Dear Ms. Mooney:
Enclosed for filing please find a Class I Administrative
Complaint pursuant to Section 309(g) (2) (A) of the Clean Water Act
(Act), 33 U.S.C. §1319(g) (2) (A), for the unlawful INPUT vio3.aticn
in violation XNPUT section of the Act, 33 U.S.C. §2NPUT citaUon
INPUT permit1ang.
Sincerely,
May Kay Lynch, Chief
Water Programs Enforcement Program
Water Management Division
Enclosure
Punted with Vegetable Oil Based lnl on 100% Recyded Peger (40% Po consumer)

-------
EO S1 4 ?
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

_____ ATLANTA FEDERALCENTER
100 ALABAMA STREET, SW.
c ATLANTA. GEORGIA 30303-3 104
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REP: 4WM-WPEB
XNPUT state address
RE: Notice of Proposed Administrative Penalty Assessment
Docket No. CWA-IV INPUT docket
INP 7I compariyname
INPUT permit?
Dear INPUT state name:
Enclosed is a copy of the Administrative Complaint which
contains a proposed administrative penalty assessment which the
Administrator of the United States Environmental Protection
Agency (EPA) proposes to issue to INPUT coi anyname pursuant to
Section 309(g), 33 U.S_C. §1319(g), of the Clean Water Act (Act).
The Administrator proposes to issue the Complaint to begin the
process to assess administratively a Class I civil penalty of up
to $25,000 against INPUt conçanyname for violations of the Act.
Because the violations have occurred in ZNPUT’statename, EPA
is offering to you an opportunity to confer with us regarding the
proposed assessment. If you wish to request a conference, or if
you have any comments or questions regarding the matter, you may
call me at (404)562-9330, or your staff may call INPU’r WHO?. A
request for conference must be made within fifteen (15) days of
receipt of this letter. The conference may be in person or by
telephone and may cover any matters relevant to the proposed
assessment.
OU Based lnl on 100% Recycled Paper (40% Po conswner)

-------
2
A copy of EPA procedures governing the assessment of Class I
administrative penalties under the Act is enclosed for your
reference.
Sincerely,
Mary Kay Lynch, Chief
Water Programs Enforcement Branch
Water Management Division
Enclosures
cc: t$PI7P state
Regional Hearing Clerk

-------
bc: ORC - M. English
ORC - INP JT orcattorney
EPA HQ
3

-------
t0 sr 44
‘ p .., UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
2’
S ,r.t a .u
_____ ATLANTA FEDERALCENTER
100 ALABAMA STREET, S.W
t PRO1tC ATLANTA, GEORGIA 30303-3104
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REP: 4WM-WPEB
INPUT title INPUt firstname INPUT ]-astnne
X)Wvr jobtitle
INPUT coa anyname
INPUT streetone
INPtlr street two
INPtrr city INPUT state INPUT zipcode
Re: Docket No. CWA-IV INPUt docket
INPUT conipanyname
INPUT permit?
Dear INPUT title INPUt lastuame:
Enclosed is an Administrative Complaint which the U.S.
Environmental Protection Agency (EPA) is issuing to you as a
result of our determination that you have unlawfully INPUt ’
violations in violation of Section INPUT section of the Clean
Water Act, 33 U.S.C. §XNPEYZ citation. The Complaint requests
that a penalty of $INPtJT penalty amount be assessed against you
for these violations.
You have the right to a hearing to contest the factual
allegations in the Complaint. If you admit the allegations, or
they are found to be true after you have had an opportunity for a
hearing on them, you have the right to contest the penalty
proposed in the Complaint. I have enclosed a copy of the
procedures the Agency follows in cases of this kind. Please note
the requirements for a Response in §528.2(u) and 28.20. If you
wish to contest the allegations in the Complaint or the penalty
proposed in the Complaint, you must file a Response within thirty
( 30) days of your receipt of the enclosed Complaint to the EPA
Regional Hearing Clerk at the following address :
Regional Hearing Clerk
U. S. EPA Region 4
100 Alabama Street, S.W.
Atlanta, Georgia 30303
If you do not file a Response by the applicable deadline
(see §28.20(a) and (b)), you will have defaulted. Each
Recycledlfl.cyclabl. • Pr Inted wfth Vegetable Oil 8aaed lnl on 100% Recycled Peper (40% Poeloonsumer)

-------
itO S7 q
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
S
ATLANTA FED RAL CENTER
100 ALABAMAtTREET, S.W
f gation in the Comp to be admitted as true
by you. You will have waived your right to appear in this action
for any purpose and will also have waived your right to be
notified of any Agency proceedings that occur before a civil
penalty may be imposed. Provided that the Administrative
Complaint is legally sufficient, the Presiding Officer will then
find INPUT coalpanynan1e liable for a civil penalty, and the
Regional Administrator may then assess against you a civil
penalty of up to $10,000 per violation for your alleged
violations.
You have the right to be represented by an attorney at any
stage of the proceedings, including any informal discussions with
EPA. If you have any questions, wish to discuss a settlement of
this matter with the Agency by an informal conference, or would
like to receive an extension of the thirty day deadline to file a
Response in order to discuss settlement of this case, please
immediately contact INPUT WliO?-. A settlement discussion neither
relieves you of your need to file a Response to the Complaint,
nor affects what you may choose to say in a Response.
Sincerely,
Mary Kay Lynch, Chief
Water Programs Enforcement Branch
Water Management Division
Enclosures
cc: INPUT state agency
Regional Hearing Clerk
.Prmted wtth Vegetable O Based lnl on 100% Recycted Paper (40% Postconsumer)

-------
bc: ORC - M. English
ORC - IN?!!!’ orcattotne )
EPAHQ
3

-------
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
REF: 4WM-WPEB
title- irstname- laatname..
jobtitle?—
companyname—
streetoue
streettwo?-
city—i state zipco e-
Re: Tentative Consent Order, Docket No. CWA-IV docket
ccnçariyuame .
pennit?. ’.
Dear t$tte. lastname —:
Pursuant to converse— of the Environmental Protection Agency
(EPA), enclosed please find a tentative Consent Order. If after
review, you find that this document accurately reflects our
agreement, please sign and return it to Unitadd .i
Once the Consent Order is formalized with both your
signature and that of the appropriate EPA official, an executed
copy will be sent to you. The issuance of this Consent Order
shall constitute a waiver by you of your right to a hearing on,
and to a judicial appeal of, the agreed upon civil penalty.
If you have any questions, please contact unit
Sincerely,
Mary Kay Lynch, Chief
Water Programs Enforcement Branch
Water Management Division
Enclosure

-------
bc: ORC - *Cattórfley

-------
ST UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION4
ATLANTA FEDERAL CENTER
• ao 61 FORSYTH STREET, SW
‘ i ATLANTA, GEORGIA 30303-8909
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
REF: 4WM-WPEB
ADDRESS OF RESPONDENT
RE: NAME OF FACILITY AND LOCATION
NPDES Permit No. FLOOXXXXX
Administrative Order No. XX-XXX
Dear RESPONDENT:
Pursuant to Section 309(a) of the Clean Water Act (the Act),
as amended, 33 U.S.C. §1319 (a), the Director, Water Management
Division, Region IV, United States Environmental Protection
Agency (EPA), has determined that the above named facility is in
violation of Section 301 of the Act, 33 U.S.C. §1311. As a
result, the Director has issued the enclosed Section 309(a)
Order.
This Order is issued to enforce existing requirements under
the Act and, therefore, does not replace, modify, or eliminate
any other requirement of the Act. Notwithstanding the issuance
of this Section 309(a) Order, EPA retains the right to bring
further enforcement action under Sections 309(d) or 309(g) of the
Act, 33 U.S.C. §1319(d) or §1319(g) respectively, for the
violations cited in this Order and for any other violation of the
Act. Violations of the Act, including requirements contained in
a National Pollutant Discharge Elimination System (NPDES) permit
or a Section 309(a) Order, remain subject to a civil penalty of
up to $25,000 per day for each violation, pursuant to Section
309(d) of the Act, 33 U.S.C. §1319(d).
Under Executive Order 11738 and EPA regulations issued
thereunder (40 Code of Federal Regulations, Part 15), facilities
to be utilized in contracts, grants, or loans must be in full
compliance with all standards established pursuant to the Clean
Water Act and the Clean Air Act. A violation of this
Administrative Order may result in the subject facility becoming
ineligible for participation in any work associated with a
Federal contract, grant, or loan.
(40% Poetconsumor)

-------
OS74?
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION4
______ ATLANTA FEDERAL CENTER
S 100 ALABAMA STREET. SW.
L ppo 0 ATLANTA. GEORGIA 30303-3104
Should you have any questions concerning the enclosed Order,
please contact NF OR EMEN1 OFFIcER at (404)347-
Sincerely yours,
James H. Scarbrough, P.E., Chief
Water Permits and Enforcement Branch
Water Management Division
Enclosure
cc: Florida Department of Environmental Protection,
District
bcc: ORC Section Chief
EPA-Headquarters
Based InI on 100% Recyded Paper (40% Po consumor)

-------
IO S)q
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
______ ATLANTA FEDERAL CENTER
100 ALABAMA STREET. S.W.
L ATLANTA, GEORGIA 30303-3104
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
Ms. Virginia B. Wetherell, Secretary
Florida Department of Environmental
Protection
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
RE: N? MB 0? F CXLX? ND LQ TXQN
NPDBS Permit No. F 0OXXXXX
Administrative Order No. U-ZXX
Dear Ms. Wetherell:
Pursuant to Section 309(a) of the Clean Water Act, 33 U.S.C.
§13 19 (A), I have determined that the above referenced facility is
in violation of the Clean Water Act. As a result, I have issued
an Administrative Order to the facility, and have enclosed a copy
of that Order for your reference. The Order is presently being
served.
Sincerely yours,
W. Ray Cunningham, Director
Water Management Division
Enclosure
bcc: ORC Section Chief
EPA Headquarters
Vegetable OU Based Inl on 100% Recycled Paper (40% Postconsumer)

-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
R2GION IV
IN THE MATTER OF
RESPQNDEN ) ADMINISTRATIVE ORDER
DDRES9 ) NO. XX-UX
NPDES PERX4XT NO. ?LOOXXXXX
ORDER PURSUANT TO SECTION 309(a)
CLEAN WATER ACT
Pursuant to the authority of Section 309(a) of the Clean
Water Act (hereinafter, the Act), 33 U.S.C. §1319(a), which has
been delegated to the Regional Administrator of the Environmental
Protection Agency (EPA), Region IV, and redelegated to the
Director, Water Management Division, Region IV, the following
Findings of Fact and Violation are made, and Order issued:
FINDINGS OF FACT
1. OP RESPQNDEk (hereinafter, the Respondent) is a
person within the meaning of Section 502(5) of the Clean Water
Act, 33 U.S.C. §1562.
2. The Respondent operates a 8 RIBE TYPE OP FACILITY
(hereinafter, the Facility), located at ADDRESS OF FACILITY which
discharges “pollutants” into N I 7E OP ThTER BODY, “navigable
waters” of the United States; these terms are defined in Section

-------
2
502 of the Act, 33 U.S.C. §1562.
3. Section 301(a) of the Act, 33 U.S.C. §1311(a),
prohibits the discharge of pollutants into waters of the United
States except as in compliance with a National Pollutant
Discharge Elimination System (hereinafter, NPDES) permit issued
pursuant to Section 402 of the Act, 33 U.S.C. §1342.
4. The EPA issued NPDES Pennit No. PLOOXXXXX (hereinafter,
the Permit) effective on DATE, with an expiration date of DATE,
authorizing the above discharge from the Facility.
5. The Permit includes whole effluent toxicity limits and
requires the Respondent to conduct toxicity tests to determine
compliance with those limitations.
6. Toxicity tests conducted on DATES OF FAILURES revealed
the effluent to be toxic to NAME OF SPECIE OR SPECIES.
VIOLATION
The Respondent has violated Section 301(a) of the Act, 33
U.S.C. §1311(a), and the Permit, issued pursuant to Section 402
of the Act, 33 U.S.C. §1342, in that the Respondent failed to
comply with the whole effluent toxicity limits of the Permit.

-------
3
ORDER
Based upon the foregoing Findings of Fact and Violation, and
pursuant to the provisions of Section 309(a) (5) of the Act, as
amended, 33 U.S.C. §1319(a) (5), it is hereby ordered that:
1. The Respondent shall conduct a Toxicity Reduction
Evaluation (hereinafter, TRE), to determine the method(s) which
will be used to attain compliance with whole effluent toxicity
limits. All TRE toxicity tests will be performed using NN4E OP
SPECTh OR SPEC!ES.
2. Within sixty (60) days after receiving this Order, the
Respondent shall submit a TRE plan. This TRE plan shall be
consistent with the procedures and protocols in “Generalized
Methodology for Conduct inS Industrial ToxiOity Reduction
Ev’a1uatioi a (TREsP ( PA/6OO/ -8a/o7o) g Toxieit Reduction
Ev aluation Protocol for Municipal Wastewater Treatment Plants”
(RPA/6OO/248/O62 . The TRE plan shall include a schedule of
activities necessary to attain compliance with whole effluent
toxicity limits.
3. Ninety (90) days after submittal of the TRE plan and
schedule required above, and each 90 days thereafter until the
compliance date, the Respondent shall submit a report on progress
made toward attainment of compliance.

-------
4
4. Respondent shall continue toxicity testing as required
by the Permit for the duration of this Order. However, no
additional testing will be required for any “routine” test
failure which occurs while the TRE is underway.
5. The TRE shall be completed and compliance with effluent
toxicity limits attained not later than thirty (30) months from
the date this Order is issued.
6. To ensure compliance with toxicity limits after the
completion of the TRE, the Respondent shall conduct a series of
six MULTI -CONCENTRATION tests using NAME OF SPECIE or SPECIES, to
be performed on a monthly basis. The tests shall be conducted in
compliance with the Permit and shall consist of a control and the
following dilutions of the Receiving Water Concentration (RWC):
6.25%, 12.5%, 25%, 50%, and 100%.
7. Information required to be submitted by this Order
shall be sent by registered mail, or its equivalent, to the
following addressees:
James H. Scarbrough, P. E., Chief
Water Permits and Enforcement Branch
Water Management Division
U.S. EPA, Region IV
345 Court].and Street, NE
Atlanta, Georgia 30365
A N: YOT* UN3T
DIRECTOR OF DISTRICP OFFIeE
Department o Envirozuneztai .
Protection, XXXXXXXX DistrLct
AtDRE$S OP D!8?RXC OPPXcE

-------
5
8. Failure to comply with the requirements of this Order
shall constitute a violation of this Order and may subject the
Respondent to penalties as provided in Section 309 of the Act, 33
U.S.C. §1319.
9. This Order does not operate as an NPDES permit and does
not replace, modify, or eliminate any requirement of the Act.
Nothing contained herein shall be construed as prohibiting
prosecution for the violations cited in this Order, for
violations of the Order itself, for violation of the Permit, or
for any other violations of the Act.
This Order is effective upon receipt.
Date W. Ray Cunningham, Director
Water Management Division

-------
OS7 4 ? UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
1’ REGION4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET. SW w-testl.ao
ATLANTA, GEORGIA 30303-8909
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
ADDRESS OF RESPONDENT
RE: NAME OF FACILITY AND LOCATION
NPDES Permit No. FLOOXXXXX
Administrative Order No. XX-XXX
Dear RESPONDENT:
Pursuant to Section 309(a) of the Clean Water Act (the Act),
as amended, 33 U.S.C. §1319 (a), the Director, Water Management
Division, Region IV, United States Environmental Protection
Agency (EPA), has determined that the above named facility is in
violation of Section 301 of the Act, 33 U.S.C. §1311. As a
result, the Director has issued the enclosed Section 309(a)
Order.
This Order is issued to enforce existing requirements under
the Act and, therefore, does not replace, modify, or eliminate
any other requirement of the Act. Notwithstanding the issuance
of this Section 309(a) Order, EPA retains the right to bring
further enforcement action under Sections 309(d) or 309(g) of the
Act, 33 U.S.C. §1319(d) or §1319(g) respectively, for the
violations cited in this Order and for any other violation of the
Act. Violations of the Act, including requirements contained in
a National Pollutant Discharge Elimination System (NPDES) permit
or a Section 309(a) Order, remain subject to a civil penalty of
up to $25,000 per day for each violation, pursuant to Section
309(d) of the Act, 33 U.S.C. §1319(d).
Under Executive Order 11738 and EPA regulations issued
thereunder (40 Code of Federal Regulations, Part 15), facilities
to be utilized in contracts, grants, or loans must be in full
compliance with all standards established pursuant to the Clean
Water Act and the Clean Air Act. A violation of this
Administrative Order may result in the subject facility becoming
ineligible for participation in any work associated with a
Federal contract, grant, or loan.
Oil Based Inks on 100% Recycled Paper (40% Poetconsumer)

-------
2
Should you have any questions concerning the enclosed Order,
please contact NFORCEMEN? OF T ER at (404)347-
Sincerely yours,
James H. Scarbrough, P. E., Chief
Water Permits and Enforcement Branch
Water Management Division
Enclosure
cc: Florida Department of Environmental Protection,
District
bcc: ORC Section Chief
EPA-Headquarters

-------
iO szq?
# UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
_____ ATLANTA FEDERAL CENTER
J 100 ALABAMA STREET, SW.
L PRO1 ’ ATLANTA, GEORGIA 30303-3104
CERTIFIED MAIL
RETURN RECEIPT REOT.TESTED
REF: 4WM-WPEB
Ms. Virginia B. Wetherell, Secretary
Florida Department of Environmental
Protection
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
RE: N R OP I ,1T ND LOCATION
NPDES Permit No. PL0OX CKXX
Administrative Order No. U-UX
Dear Ms. Wetherell:
Pursuant to Section 309(a) of the Clean Water Act, 33 U.S.C.
§1319(A), I have determined that the above referenced facility is
in violation of the Clean Water Act. As a result, I have issued
an Administrative Order to the facility, and have enclosed a copy
of that Order for your reference. The Order is presently being
served.
Sincerely yours,
W. Ray Cunningham, Director
Water Management Division
Enclosure
bcc: ORC Section Chief
EPA Headquarters
Printed with Vegetable OIl Based lnl on 100% Recycled Paper (40% Po consurner)

-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
IN THE MATTER OF
)
) ADMINISTRATIVE ORDER
ADDRESS ) NO. X X -XXX
)
NPDES PERMIT NO. ?LOOXXXXX )
ORDER PURSUANT TO SECTION 309(a)
CLEAN WATER ACT
Pursuant to the authority of Section 309(a) of the Clean
Water Act (hereinafter, the Act), 33 U.S.C. §1319(a), which has
been delegated to the Regional Administrator of the Environmental
Protection Agency (EPA), Region IV, and redelegated to the
Director, Water Management Division, Region IV, the following
Findings of Fact and Violation are made, and Order issued:
FINDINGS OF FACT
1. NME OP RESPONDENT (hereinafter, the Respondent) is a
“person” within the meaning of Section 502(5) of the Act, 33
U.S.C. §1562.
2. The Respondent operates a DES RtBE T PB OF PACXLXT ,
(XL WW?P) (hereinafter, the Facility), located at ADDRESS OP
Z Cfl XTY which discharges “pollutants” into W MB OP WATER BODY,
“navigable waters” of the United States; these terms are defined
in Section 502 of the Act, 33 U.S.C. §1562.

-------
2
3. Section 301(a) of the Act, 33 U.S.C. §1311(a),
prohibits the discharge of pollutants into waters of the United
States except as in compliance with a National Pollutant
Discharge Elimination System (hereinafter, NPDES) permit issued
pursuant to Section 402 of the Act, 33 U.S.C. §1342.
4. The EPA issued NPDB$ PeriitN&. LQOXUU (hereinafter,
the Permit), effective on DATE, with an expiration date of DWX ,
authorizing the above discharge from the Facility.
5. The Permit includes whole effluent toxicity limits and
requires the Respondent to conduct toxicity tests to determine
compliance with those limitations.
6. Toxicity tests conducted on DATES OP ULtmES revealed
the effluent to be toxic to NAME OP SP CtE OR SPECXES.
VIOLATION
The Respondent has violated Section 301(a) of the Act, 33
U.S.C. §1311(a), and the Permit, issued pursuant to Section 402
of the Act, 33 U.S.C. §1342, in that the Respondent failed to
comply with the whole effluent toxicity limits of the Permit.

-------
3
ORDER
Based upon the foregoing Findings of Fact and Violation, and
pursuant to the provisions of Section 309(a) (5) of the Act, as
amended, 33 U.S.C. §1319 (a) (5), it is hereby ordered that:
1. Respondent shall initiate a series of whole effluent
toxicity tests beginning on D Th. One test shall be conducted
every month, f or a period not to exceed one year, using $PRCTE OR
aPECXES. Tests shall be conducted in accordance with Part IV,
Whole Effluent Toxicity Testing Program, of the Permit. The
results of each test shall be submitted to the addressees below
within forty five (45) days of test completion.
2. If, at any time during the accelerated testing period,
the effluent from the facility is determined by EPA to be in
violation of whole effluent toxicity limits, the Respondent shall
conduct a Toxicity Reduction Evaluation (TRB). Within thirty
(30) days of notification by EPA, the Respondent shall submit a
TRE plan. This TRE plan shall be consistent with the procedures
and protocols in Genera1ized Methodology for Conducting
Industrial Toxicity Reduction Evaluationa CrREs) (EPA/600/2-
88/070) OR “Toxicity Reduction Evaluation Protocol for Municipal
Wastewater Treatment Plaflta 
-------
4
3. Ninety (90) days after submittal of the TRE plan and
schedule required above, and each 90 days thereafter until the
compliance date, the Respondent shall submit a report on progress
made toward attainment of compliance.
4. Respondent shall continue toxicity testing as required
by the Permit for the duration of this Order; i.e., performing
additional testing in the event of a ttroutinett test failure.
However, if the Respondent is required to initiate a TRE, no
additional testing will be required for any “routine’ t test
failure which occurs while the TRE is underway.
5. The TRE shall be completed and compliance with whole
effluent toxicity limits attained not later than thirty (30)
months from the date this Order is issued.
6. To ensure compliance with toxicity limits after the
completion of the TRE, the Respondent shall conduct a series of
six MULTI-CONCENTRATION tests, using NAME OP SPECIB o SPECIES,
to be performed on a monthly basis. The tests shall be conducted
as required by the Permit and shall consist of a control and the
following dilutions of the Receiving Water Concentration (RWC):
6.25%, 12.5%, 25%, 50%, and 100%.
7. Information required to be submitted by this Order
shall be sent by registered mail, or its equivalent, to the
following addressees:
-------
5
James H. Scarbrough, P.E., Chief
Water Permits and Enforcement Branch
Water Management Division
U.S. EPA, Region IV
345 Courtland Street, NE
Atlanta, Georgia 30365
ATI’N: Y UR UNIT
rii ero Op DX$TRIC OWFIC
Florida Department of nvironmental
Pro ecUon, XUXXXXZ District
JDDRESS OF DISTRICT OFFICE
8. Failure to comply with the requirements of this Order
shall constitute a violation of this Order and may subject the
Respondent to penalties as provided in Section 309 of the Act, 33
U.S.C. §1319.
9. This Order does not operate as an NPDES permit and does
not replace, modify, or eliminate any requirement of the Act.
Nothing contained herein shall be construed as prohibiting
prosecution for the violations cited in this Order, for
violations of the Order itself, for violations of the Permit, or
for any other violations of the Act.
This Order is effective upon receipt.
Date W. Ray Cunningham, Director
Water Management Division
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION4
ATLANTA FEDERAL CENTER
\ 1’ 61 FORSYTH STREET, SW aowayfar
pqa ATLANTA, GEORGIA 30303-8909
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
Mr. Todd Giddens
Wayfara, Incorporated
Highway 23 North
Eastman, Georgia 31013
StJBJ: Administrative Order No. 96-027
Stuckey’s Pecan Shoppe #307
Yulee, Florida
Dear Mr. Giddens:
This is to advise you that Administrative Order (A.O.)
No. 96-004 issued on March 4, 1996, has been superseded by A.O.
No. 96-027 issued today. The Order is being reissued to allow
additional time for construction and connection to the Regional
Sewer System due to delays beyond your control.
This Order is issued to enforce existing requirements under
the Clean Water Act (the Act) and therefore, does not replace,
modify or eliminate any other requirement of the Act.
Notwithstanding the issuance of this Section 309(a) (5) Order, the
Environmental Protection Agency (EPA) retains the right to bring
further enforcement action under Section 309(d) or 309(g) of the
Act, for the violations cited in this Order and for any other
violation of the Act. Violations of the Act, including
requirements contained in a National Pollutant Discharge
Elimination System (NPDES) permit or a Section 309(a) (5) Order,
remain subject to a civil penalty of up to $25,000 per day for
each violation pursuant to Section 309(d) of the Act.
Under Executive Order 11738 and EPA regulations issued
thereunder (40 Code of Federal Regulations, Part 15), facilities
to be utilized in contracts, grants or loans must be in full
compliance with all standards established pursuant to the Clean
Water Act and the Clean Air Act. A violation of this
Administrative Order may result in the subject facility becoming
ineligible for participation in any work associated with a
federal contract, grant, or loan.
RscycIsdlRicycIabI Pnnted with Vegetable Oil Based Inks on 100% Recycled Paper (40% Postconsumer)
-------
Should you have any questions concerning the enclosed Order,
please contact Ms. Susan Pope at (404)347-4793, x4277.
Sincerely,
Beverly H. Banister, Acting Chief
Water Permits and Enforcement Branch
Water Management Division
Enclosure
CC: Florida Department of Environmental
Protection
Florida Department of Environmental
Protection, Northeast District Office
Susan 1. Hearne
Long, Aidridge & Norman
-------
EO S7.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
4
ATLANTA FEDERAL CENTER
100 ALABAMA STREET, S.W.
ATLANTA, GEORGIA 30303.3104
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
Ms. Virginia B. Wetherell
Secretary
Florida Department of Environmental
Protection
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32301
SUBJ: Administrative Order No. 96-027
Stuckey’s Pecan Shoppe #307
Yulee, Florida
Dear Ms. Wetherell:
This is to advise you that Administrative Order (A.O.)
No. 96-004 issued on March 4, 1996, has been superseded by the
A.O. issued today. A copy of the Order is enclosed for your
reference. The Order is presently being served.
Sincerely,
Robert F. McGhee, Director
Water Management Division
Enclosure
CC: Florida Department of Environmental
Protection, Northeast District
Printed with Vegetable OU Based InI on 100% Recycled Paper (40% Po consumer)
-------
bc: ORC-C. Bashon
EPA Headquarters
address for Hearne: One Peachtree Center
303 Peachtree Street, Suite 5300
Atlanta, GA 30308
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
IN ThE MATI’ER OF: ) ADMINISTRATIVE ORDER
NO. 96-027
WAYFARA, INCORPORATED
STUCKEY’S PECAN SHOPPE #307 ) PURSUANT TO SECTION 309(a)
YULEE, FLORIDA ) OF ThE CLEAN WATER ACT
ADMINISTRATIVE ORDER
Pursuant to the authority of Section 309(a) of the Clean Water
Act (CWA), as amended, 33 U.S.C. §1319(a), which has been delegated to
the Regional Administrator of the Environmental Protection Agency
(EPA), Region 4, and redelegated to the Director, Water Management
Division, Region 4, I hereby make the following findings of fact,
violation and hereby order:
I. FINDINGS OF FACT
1. Wayfara, Incorporated (Respondent) is a corporation is a
“person’ t within the meaning of Section 502(5) of the CWA, 33 U.S.C.
Section 1362 (5)
2. The Respondent owns and operates the Stuckey’s Pecan Shoppe
No. 307 wastewater treatment facility (the facility) located at the
intersection of Interstate 95 and State Road 200, Yulee, Nassau
County, Florida which discharges “pollutants” directly into a wetlands
south of facility, a “navigable water” of the United States, each as
defined in §502 of the CWA, 33 U.S.C. §1362.
3. Section 301(a) of the CWA, 33 U.S.C. §1311(a), prohibits the
discharge of pollutants into the navigable waters of the United
States, except in compliance with a National Pollutant Discharge
Elimination System (NPDES) permit issued pursuant to §402 of the CWA,
33 U.S.C. §1342.
4. Section 402 of the CWA, 33 U.S.C. §1342, provides that the
Administrator may issue permits under the National Pollutant Discharge
Elimination System (NPDES) program for the discharge of any pollutant
into navigable waters of the United States upon such specific terms
and conditions as the Administrator may prescribe.
5. The Regional Administrator has not issued an NPDES permit to
the Respondent for the facility.
6. The Florida Department of Environmental Protection (FDEP)
observed a discharge from the facility via a pipe into the wetlands
area on October 4, 1993; EPA observed a discharge from the facility t’
the wetlands area on March 3, 1994, and again on June 1, 1005; the
-------
bc: ORC-C. Bashon
EPA Headquarters
-------
U.S. Army Corps of Engineers confirmed the presence of a discharge to
the wetlands area on July 26, 1994, and again on June 1, 1995.
7. EPA issued A.O. No. 96-004 on March 4, 1996, requiring the
cessation of the discharges not later than July 31, 1996. By letter
of July 17, 1996, the Respondent requested that the cessation order by
extended to December 31, 1996, due to the circumstances beyond the
Respondent’s control. This A.O. contains the schedule proposed by the
Respondent.
8. Section 309(a) (3) of the CWA, 33 U.S.C. §1319(a) (3),
provides, inter alia , whenever on the basis of any information the
Administrator finds that any person is in violation of Section 301 of
the CWA, 33 U.S.C. §1311, or is in violation of any permit condition
or limitation issued under Section 402 of the CWA, 33 U.S.C. §1342,
that the Administrator shall issue an A.O. requiring compliance with
the CWA.
II. VIOLATION
The Respondent has violated Section 301(a) of the CWA, 33 U.S.C.
Section 1311(a), by discharging pollutants into a navigable water of
the United States without a valid NPDES permit issued pursuant to
Section 402 of the CWA, 33 U.S.C. §1342.
III. ORDER
Based upon the foregoing findings of fact and violation and
pursuant to the provisions of Section 309(a) of the CWA, as amended,
33 U.S.C. §1319(a), it is hereby ordered that:
1. The Respondent shall cease discharge from the facility or
make application for an NPDES permit to the FDEP not later than
December 31, 1996. Written notification to EPA shall be made within
20 days of cessation of the discharge by use of the attached No
Discharge Certification form or by copy of the NPDES permit
application.
2. The Respondent shall submit reports on the progress made
toward cessation of the discharge of permit application. These
reports shall be due on the 28th day of the month during the following
months: September and November 1996.
3. The Respondent shall continue to maintain and operate its
facilities as efficiently as possible. The Respondent shall send to
EPA copies of all monthly operating reports and other correspondence
in the time frame required by the Respondent’s FDEP permit.
4. In the event there have been any changes in ownership,
operations or control of the Respondent’s facilities, the Respondent
shall submit the name and address of the purchaser and the date of any
sale within thirty (30) days of the date of the sale.
-------
5. Information required to be submitted by this Order shall
be sent by registered mail, or its equivalent, to the following
addressees:
Beverly H. Bannister, Acting Chief
Water Permits and Enforcement Branch
Water Management Division
U.S. EPA, Region 4
345 Courtland Street, NE
Atlanta, Georgia 30365
ATrN: Florida/Tennessee Unit
Mr. Ernest E. Frey, Director
Florida Department of Environmental Protection
Northeast District Office
7825 Baymeadows Way
Suite B200
Jacksonville, Florida 32256-7577
6. Failure to comply with the requirements of this Order
shall constitute a violation of this Order and the CWA and may
subject the Respondent to penalties as provided in Section 309 of
the CWA, 33 U.S.C. §1319.
7. This Order does not operate as an NPDES permit nor does
it replace, modify or eliminate any requirement of the CWA.
Nothing contained herein shall be construed as prohibiting
prosecution for the violations cited in this Order, for
violations of the Order itself, or for any other violations of
the CWA.
This Order supersedes A.O. No. 96-004 and shall become
effective upon receipt.
Date Robert R. McGhee, Director
Water Management Division
3
-------
O S1 q
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION4
ATLANTA FEDERAL CENTER
% I’ ’ 61 FORSYTH STREET SW
L FRO1 ’ ATLANTA, GEORGIA 30303-8909
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
Texaco Bulk Fuel Storage Facility
4350 Northwest 20th Street
Miami, Florida 33159
StJBJ: Administrative Order No. 96-021
NPDES Permit No. FL0038954
Dear Sir:
Pursuant to Section 309(a) of the Clean Water Act (the Act),
as amended, the Director, Water Management Division, Region 4,
United States Environmental Protection Agency (EPA), has
determined that the above named facility is in violation of
Section 308 of the Clean Water Act (CWA) . As a result, the
Director has issued the enclosed Section 309 Order.
This Order is issued to enforce existing requirements under
the CWA and therefore, does not replace, modify or eliminate any
other requirement of the CWA. Notwithstanding the issuance of
this Section 309(a) (5) Order, the EPA retains the right to bring
further enforcement action under Section 309(d) or 309(g) of the
CWA, for the violations cited in this Order and for any other
violation of the CWA. Violations of the CWA, including
requirements contained in a National Pollutant Discharge
Elimination System (NPDES) permit or a Section 309(a) (5) Order,
remain subject to a civil penalty of up to $25,000 per day for
each violation pursuant to Section 309(d) of the CWA.
Under Executive Order 11738 and EPA regulations issued
thereunder (40 Code of Federal Regulations, Part 15), facilities
to be utilized in contracts, grants, or loans must be in full
compliance with all standards established pursuant to the Clean
Water Act and the Clean Air Act. A violation of this A.O. may
result in the subject facility becoming ineligible for
participation in any work associated with a federal contract,
grant, or loan.
Ve9etable Oil Based Inks on 100% Recycled Paper (40% Postconsumer)
-------
Should you have any questions concerning the enclosed Order,
please contact Mr. Roy Herwig at (404)347-4739, x4255.
Sincerely,
Beverly H. Bannister, Acting Chief
water Permits and Enforcement Branch
water Management Division
Enclosure
cc: Florida Department of Environmental
Protection, Southeast District
Texaco
Atlanta, Georgia
ADDRESS FOR TEXACO: 5555 TRIANGLE PARKWAY, SUITE 320
NORCROSS, GA 30092
bc: ORC
EPA Headquarters
-------
O S7q
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
: ‘ J ATLANTA FEDERAL CENTER
100 ALABAMA STREET, S W
4( PRO ATLANTA, GEORGIA 30303-3 104
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
Ms. Virginia B. Wetherell, Secretary
Florida Department of Environmental
Protection
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
SUBJ: Administrative Order No. 96-021
NPDES Permit No. FL0038954
Texaco Bulk Fuel Storage Facility
Miami, Florida
Dear Ms. Wetherell:
Pursuant to Section 309(a) of the Clean Water Act, I have
determined that the above referenced facility is in violation of
the Clean Water Act. As a result, I have issued an
Administrative Order, a copy of which is enclosed for your
reference. The Order is presently being served.
Sincerely,
Robert F. McGhee, Director
Water Management Division
Enclosure
bc: ORC
EPA Headquarters
Based InI on 100% Recyded Paper (40% Podconsumer)
-------
1 Io s7 41 .
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION4
______ ATLANTA FEDERAL CENTER
1 c 100 ALABAMA STREET, S.W.
ATIAMTA CFORGIA 30303-31fl4
UNITED STATES PROTECrION AGENCY
REGION 4
IN THE MATI’ER OF: ) ADMINISTRATIVE ORDER
NO. 96-021
TEXACO BULK FUEL STORAGE FACILITY )
MIAMI, FLORIDA ) PURSUANT TO SECTION 309(a)
NPDES PERMIT NO. FL0038954 ) OF THE CLEAN WATER ACT
ADMINISTRATIVE ORDER
Pursuant to the authority of Section 309(a) of the Clean Water
Act (CWA), as amended, 33 U.S.C. §13 19 (a), which has been delegated to
the Regional Administrator of the Environmental Protection Agency
(EPA), Region 4, and redelegated to the Director, Water Management
Division, Region 4, I hereby make the following findings of fact,
violation and hereby order:
I. FINDINGS OF FACT
1. Texaco Bulk Fuel Storage Facility (Respondent) is a
corporation organized under the laws of the State of Florida, and is a
“person” within the meaning of Section 502(5) of the CWA, 33 U.S.C.
Section 1362(5).
2. The Respondent owns and operates a facility located at 4350
Northwest 20th Street, Miami, Florida, which discharges “pollutants”
into a ditch to Tamiami Creek, “navigable waters” of the United
States, each as defined in §502 of the CWA, 33 U.S.C. §1362.
3. Section 301(a) of the CWA, 33 U.S.C. §1311(a), prohibits the
discharge of pollutants into the navigable waters of the United
States, except in compliance with the CWA.
4. Section 402 of the CWA, 33 U.S.C. §1342, provides that the
Administrator may issue permits under the National Pollutant Discharge
Elimination System (NPDES) program for the discharge of any pollutant
into navigable waters of the United States upon such specific terms
and conditions as the Administrator may prescribe.
5. Pursuant to Section 402(a) of the CWA, 33 U.S.C. §1342(a),
the Administrator of EPA, through the Director of the Water Management
Division of EPA, Region 4, issued NPDES Permit No. FL0038954 (the
Permit) to the Respondent, effective on December 29, 1990, with an
expiration date of December 20, 1995.
6. Title 40, Code of Federal Regulations (C.F.R.) § 122.21(d)
and 122.41(b) provides that a permittee with a currently effective
permit shall submit a new application at least 180 days before the
R.cycl.dlRscycIible • Pdnled wfth Vegetable OIl Based InI on 100% Recyded Paper (40% Po consumer)
-------
expiration date of the existing permit, unless permission for a later
date has been granted by the Regional Administrator.
7. The Respondent failed to submit a renewal NPDES permit
application within the 180 day timeframe dictated by Title 40, C.F.R.
Sections 122.21(d) and 122.41(b).
8. The Regional Administrator has not granted permission to the
Respondent to submit a renewal application later than the above
deadline.
9. During the period from January through March 1996,
inclusive, the Respondent discharged “pollutants” from the facility
into a ditch to Tamiami Creek, “navigable waters,” within the meaning
of Section 502(7) of the CWA, 33 U.S.C. Section 1362(7).
10. Section 309(a) (3) of the CWA, 33 U.S.C. §1319(a) (3),
provides, inter alia , whenever on the basis of any information the
Administrator finds that any person is in violation of Sections 301 or
308 of the CWA, 33 U.S.C. § 1311 or 1318, or is in violation of any
permit condition or limitation issued under Section 402 of the Act,
33 U.S.C. §1342, that the Administrator shall issue an Administrative
Order requiring compliance with the CWA.
II. VIOLATION
The Respondent has violated Section 301(a) of the CWA, 33 U.S.C.
Section 1311 (a), by discharging pollutants into navigable waters of
the United States without a valid NPDES permit issued pursuant to
Section 402 of the CWA, 33 U.S.C. Section 1342.
III. ORDER
Based upon the foregoing findings of fact and violation and
pursuant to the provisions of Section 309(a) of the CWA, as amended,
33 U.S.C. §1319(a) (5), it is hereby ordered that:
1. The Respondent shall, within 20 days of the effective date of
this Order, submit to EPA a renewal application for an NPDES permit or
a schedule for the cessation of the previously permitted discharge.
2. Effective upon receipt of this Order, the effluent
limitations, monitoring requirements and other requirements of the
expired NPDES permit shall be met until the NPDES is reissued or all
wastewater discharges have ceased.
3. Analyses shall be summarized once each month on a Discharge
Monitoring Report (DMR), EPA Form 3320-1. These reports shall be
submitted to EPA once each month and are due on the 28th day following
the end of the reporting period (i.e, the August report would be due
not later than September 28th).
4. The Respondent shall continue to maintain and operate its
facilities as efficiently as possible.
-------
5. In the event there have been any changes in ownership,
operations or control of the Respondent’s facilities, the Respondent
shall submit the name and address of the purchaser and the date of
any sale within thirty (30) days of the date of the sale.
6. Information required to be submitted by this Order shall
be sent by registered mail, or its equivalent, to the following
addressees:
Beverly H. Bannister, Acting Chief
Water Permits and Enforcement Branch
Water Management Division
U.S. EPA, Region 4
345 Courtland Street, NE
Atlanta, Georgia 30365
ATI”N: Florida/Tennessee Unit
7. Failure to comply with the requirements of this Order
shall constitute a violation of this Order and the CWA and may
subject the Respondent to penalties as provided in Section 309 of
the CWA, 33 U.S.C. §1319.
8. This Order does not operate as an NPDES permit nor does
it replace, modify or eliminate any requirement of the CWA.
Nothing contained herein shall be construed as prohibiting
prosecution for the violations cited in this Order, for
violations of the Order itself, or for any other violations of
the CWA.
This Order shall become effective upon receipt.
Date Robert R. McGhee, Director
Water Management Division
3
-------
ATTACHMENT E - PAGE 1
aos<rs
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
ROUTINE AO - DISCHARGE
WIThOUT PERMIT
ADDRESS
RE: Administrative Order No.
NAME IF DIFFERENT
Dear
Pursuant to Section 309(a) of the Clean Water Act (the Act),
as amended, the Director, Water Management Division, Region IV,
United States Environmental Protection Agency (EPA), has determined
that the above named facility is in violation of Section 301 of the
Act. As a result, the Director has issued the enclosed Section 309
Order.
This Order is issued to enforce existing requirements under
the Act and therefore, does not replace, modify or eliminate any
other requirement of the Act. Notwithstanding the issuance of this
Section 309(a) (5) Order, EPA retains the right to bring further
enforcement action under Section 309(d) or 309(g) of the Act, for
the violations cited in this Order and for any other violation of
the Act. Violations of the Act, including requirements contained
in a National Pollutant Discharge Elimination System (NPDES) permit
or a Section 309(a) (5) Order, remain subject to a civil penalty of
up to $25,000 per day for each violation pursuant to Section 309(d)
of the Act.
Under Executive Order 11738 and EPA regulations issued
thereunder (40 Code of Federal Regulations, Part 15), facilities to
be utilized in contracts, grants, or loans must be in full
compliance with all standards established pursuant to the Clean
Water Act and the Clean Air Act. A violation of this
Administrative Order may result in the subject facility becoming
ineligible for participation in any work associated with a federal
contract, grant, or loan.
February 19, 1993
-------
ATTAcHMENT E - PAGE 2
Should you have any questions concerning the enclosed Order,
please contact at (404)347-
Sincerely yours,
James H. Scarbrough, P.E., Chief
Water Permits and Enforcement Branch
Water Management Division
Enclosure
CC: Florida Department of Environmental
Protection, (DISTRICt OFFICE)
bc: ORC-b. Obenshain
EPA Headquarters
February 19, 1993
-------
ATTACHMENT E - PAGE 3
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REP: 4WM-WPEB
AO - STATE LE ER
ADDRESS
RE: Administrative Order No.
FACILITY NAME
FACILITY LOCATION
Dear
Pursuant to Section 309(a) of the Clean Water Act (the Act),
I have determined that the above referenced facility is in
violation of the Act. As a result, I have issued an Administrative
Order, a copy of which is enclosed for your reference. The Order
is presently being served.
Sincerely yours,
Robert F. McGhee, Acting Director
Water Management Division
Enclosure
bc: ORC-B. Obenshain
EPA Headquarters
February 19, 1993
-------
ATTACHMENT E - PAGE 4
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
IN THE MATTER OF
NAME ) ADMINISTRATIVE ORDER
LOCATION ) NO.
ORDER PURSUANT TO SECTION 309(a)
CLEAN WATER ACT
Pursuant to the authority of Section 309(a) of the Clean Water
Act (hereinafter, the Act), 33 U.S.C. §1319(a), which has been
delegated to the Regional Administrator of the Environmental
Protection Agency (EPA), Region IV, and redelegated to the
Director, Water Management Division, Region IV, I hereby make the
following findings of fact and violation(s) and hereby order:
FINDINGS OF FACT
1. (hereinafter, the Respondent) is a
“person” within the meaning of Section 502(5) of the Clean Water
Act, 33 U.S.C. §1362(5).
2. The Respondent owns and operates a wastewater treatment
system located at LOCATION which discharges pollutants
into , a navigable water of the United States,
as defined in Section 502(7) of the Act, 33 U.S.C. §1362(7).
February 19, 1993
-------
ATTACHMENT E - PAGE 5
3. PARAGRAPH TO SPELL OUT HOW EPA KNOWS OF DISCHARGE WIHTOtJT
A PERMIT, EXAMPLE: An inspection performed by the City of
Jacksonville Department of Regulatory and Environmental Services
notes that a discharge from a septic tank/sand filter system is
occurring and discharging into a storm drainage system which
empties into Little Pottsburg Creek, a tributary of the St. Johns
River.
4. Section 301(a) of the Act prohibits the discharge of
pollutants into waters of the United States except as in compliance
with a National Pollutant Discharge Elimination System (NPDES)
permit issuance pursuant to Section 402 of the Act (33 U.S.C.
§1342)
5. The Environmental Protection Agency (EPA) has not
received an NPDES application from, nor issued an NPDES permit to
the Respondent.
6. IF SECTION 308 LETTER SENT FIRST, USE A PARAGRAPH LIKE
THIS ONE: On September 25, 1992 EPA issued a Section 308 letter
requesting information on wastewater discharges and requesting an
NPDES permit application. A U.S. Postal Service Return Receipt
Card indicates that the letter was received on September 30, 1992.
On November 20, 1992, EPA sent a letter requesting the information
contained in the Section 308 letter. A U.S. Postal Service Return
Receipt Card indicats that the letter was received on November 25,
1992. However, we have no record of having the received the NPDES
permit application.
February 19, 1993
-------
ATTACHMENT E - PAGE 6
VIOLATIONS
1. The Respondent has violated Section 301(a) of the Act (33
U.S.C. §1311 (a)), by discharging pollutants into navigable waters
of the United States without a valid NPDES permit issued pursuant
to Section 402 of the Act (33 U.S.C. §1342).
2. IF SECTION 308 LE ER SENT FIRST, USE PARAGRAPH LIKE
THIS: The Respondent has violated Section 308 of the Clean
Water Act (33 U.S.C. §1318) by failing to submit the information
required by the Section 308(a) letter issued in September 1992.
ORDER
Based upon the foregoing findings of fact and violation(s) and
pursuant to the provisions of Section 309(a) (5) of the Act, as
amended 33 U.S.C. §1319(a) (5), it is hereby ordered that:
1. The Respondent shall, within twenty (20) days of receipt
of this Order, identify on a copy of a USGS map all surface water
discharge point(s) from its wastewater treatment facility into
navigable waters of the United States to include the flow
amount (s), date (s) of discharge, and discharge location(s).
2. The Respondent shall, within twenty (20) days of receipt
of this Order, submit an application for an NPDES permit or shall
submit a schedule for cessation of the discharge to EPA.
3. Upon receipt of this Order, the Respondent shall begin
February 19, 1993
-------
ATTA NT E - PAGE 7
monitoring its wastewater discharge for the following parameters
until such time as an NPDES permit is issued or all wastewater
discharges have ceased:
Discharge Limitations
PARAMETER MONITORING FREQUENCY SAMPLE ‘rIPE
Flow (MGD) 1/Week Grab
Biochemical Oxygen Demand
(5 Day) 1/Month Grab
Total Suspended Solids 1/Month Grab
Dissolved Oxygen 1/Month Grab
Total Kjeldahl Nitrogen 1/Month Grab
Fecal Coliform Bacteria 1/Month Grab
pH 1/Month Grab
Total Residual Chlorine 1/Month Grab
Tests conducted pursuant to the above program shall conform to
40 Code of Federal Regulations (CFR) Part 136.
4. The above listed parameter results shall be summarized
once each month on a Discharge Monitoring Report (EPA Form 3320-1)
and submitted to the U.S. EPA on a quarterly basis until an NPDES
permit is issued or the discharge has ceased. DMR5 are due on the
28th day following the end of the reporting period; i.e, January,
February, and March are due not later than April 28th.
5. In the event there are any changes in ownership,
operations or control of the Respondent’s facilities, the
Respondent shall submit the name and address of the purchaser and
February 19, 1993
-------
ATTACHMENT E - PAGE 8
the date of any sale within thirty (30) days of the date of the
sale.
6. The Respondent shall maintain and operate its facilities
as efficiently as possible.
7. Information required to be submitted by this Order shall
be sent by registered mail, or its equivalent, to the following
addressees:
James H. Scarbrough, P.E., Chief
Water Permits and Enforcement Branch
Water Management Division
U.S. EPA, Region IV
345 Courtland Street, NE
Atlanta, Georgia 30365
ATI’N: North Carolina/Florida Unit
STATE AGENCY
8. Failure to comply with the requirements of this Order
shall constitute a violation of this Order and may subject the
Respondent to penalties as provided in Section 309 of the Act.
9. This Order does not operate as an NPDES permit and does
not replace, modify or eliminate any requirement of the Act.
Nothing contained herein shall be construed as prohibiting
prosecution for the violations cited in this Order, for violations
of the Order itself, or for any other violations of the Act.
10. IF SECTION 308 SENT PREVIOUSLY USE PARAGRAPH LIKE THIS:
The Respondent shall have the opportunity, for a period of fifteen
(15) working days from the receipt of this Order, to confer with
the following designated Agency representative:
February 19, 1993
-------
I
ATTACHMENT B - PAGE 9
W. Ray Cunningham, Director
Water Management Division
U.S. EPA, Region IV
345 Courtland Street, NE
Atlanta, Georgia 30365
(404) 347-4450
Unless the Agency official decides otherwise this Order shall
become effective at the expiration of said period for consultation.
Date Robert F. McGhee, Acting Director
Water Management Division
February 19, 1993
-------
ATTACHMENT E - PAGE 10
AO - SPECIAL CONDITIONS
UNITED STATE ENVIRONMENTAL PROTECTION AGENCY
REGION IV
IN THE MATTER OF )
)
FACILITY ) ADMINISTRATIVE ORDER
LOCATION ) NO.
NPDES PERMIT NO.
ORDER PURSUANT TO SECTION 309(a)
CLEAN WATER ACT
Pursuant to the authority of Section 309(a) of the Clean Water
Act (hereinafter, the Act), 33 U.S.C. §1319(a), which has been
delegated to the Regional Administrator of the Environmental
Protection Agency (EPA), Region IV, and redelegated to the
Director, Water Management Division, Region IV, I hereby make the
following findings of fact and violations and hereby order:
FINDINGS OF FACT
1. (hereinafter, the Respondent) is
a “person” within the meaning of Section 502(5) of the Clean Water
Act, 33 U.S.C. §1362(5).
2. The Respondent operates a wastewater treatment system
located at which discharges pollutants
into , a navigable water of the United States,
February 19, 1993
-------
ATTA W NT E - PAGE 11
as defined in Section 502(7) of the Act, 33 U.S.C. §1362(7).
3. Section 301(a) of the Act, 33 U.S.C. §1311(a), prohibits
the discharge of pollutants into waters of the United States except
as in compliance with a National Pollutant Discharge Elimination
System (hereinafter, NPDES) permit issued pursuant to Section 402
of the Act, 33 U.S.C. §1342.
4. The United States Environmental Protection Agency (EPA)
issued NPDES Permit No. effective on , with an
expiration date of , authorizing the above discharge
from the wastewater treatment system. As a requirement of the
permit, Respondent is to comply with monitoring requirements and
perform toxicity tests.
5. Toxicity data were received for routine tests conducted
in , as required by the permit, which indicated toxicity
tothe __________
6. On , EPA sent the Respondent a Notice of
Violation notifying the Respondent that the chronic toxicity test
conducted in on the _________________ had indicated
toxicity and that additional tests as required by the NPDES permit
had not been performed.
7. The Respondent performed two additional toxicity tests in
which also indicated toxicity to the
_____________________ Additional tests were also performed in
February 1.9, 1993
-------
ATTAc NT E - PAGE 12
which indicated no toxicity to the _________________
8. The Respondent performed a routine toxicity test in
This test indicated no toxicity to the
VIOLATIONS
1. The Respondent has violated Section 301(a) of the Act and
NPDES Permit No. , issued pursuant to Section 402 of the Act
(33 U.S.C. §1342), in that the Respondent failed to comply with the
effluent toxicity limits of the permit.
2. Respondent has violated Section 301(a) of the Act and
NPDES Permit No. FL0036251, issued pursuant to Section 402 of the
Act (33 U.S.C. §1342), in that the Respondent failed to perform the
additional toxicity tests in the timeframe required by the NPDES
permit.
ORDER
Based upon the foregoing findings of fact and violations and
pursuant to the provisions of Section 309(a) (5) of the Act, as
amended 33 U.S.C. §1319(a) (5), it is hereby ordered that:
1. The Respondent shall initiate a series of toxicity tests
beginning in . One test shall be conducted every two
weeks until a total of six (6) valid toxicity tests have been
February 19, 1993
-------
ATTA EMENT E - PAGE 13
completed using the _____________ . Should the additional testing
run concurrent to the routine test date specified in the permit for
________________ then the results may be used for both the routine
and additional testing requirement. Tests shall be conducted in
accordance with Part IV, Whole Effluent Toxicity Testing Program,
of the NPDES permit. The results of each test shall be submitted
to the addressees below within forty-five (45) days of completion.
Reports shall be prepared in accordance with EPA/600/4-89/OO1,
Section 9, Report Preparation (or the most current edition).
2. If after three (3) months of testing, the treated
effluent from the facility is determined by EPA to be in violation
of whole effluent toxicity limits, the Respondent shall conduct a
Toxicity Reduction Evaluation (TRE). This TRE shall be consistent
with the procedures and protocols in ttGeneralized Methodology for
Conducting Industrial Toxicity Reduction Evaluations (TREs)”,
(EPA/600/2-881070). The TRE shall include a schedule, including
any construction, of activities necessary to attain compliance with
effluent toxicity limits. The TRE shall be completed, and
compliance with effluent toxicity limits attained not later than
December 31, 1994.
3. The Respondent shall submit the TR.E plan to EPA within
ninety (90) days of EPA notification of toxicity violations.
4. The Respondent shall submit a report of progress ninety
(90) days after submittal of the TRE plan, and each quarter
February 19, 1993
-------
ATTACHMENT E - PAGE 14
thereafter, on progress made toward attainment of compliance.
5. The Respondent shall continue toxicity testing as
required by the NPDES permit for the duration of the TRE. However,
if Respondent is required to initiate a TRE no additional testing
will be required for any routine test failure which occurs while
the TR2 is underway.
6. The Respondent shall maintain and operate its facilities
as efficiently as possible.
7. Information required to be submitted by this Order shall
be sent by registered mail, or its equivalent, to the following
addressees:
James H. Scarbrough, P. E., Chief
Water Permits and Enforcement Branch
Water Management Division
U.S. EPA, Region IV
345 Courtland Street, NE
Atlanta, Georgia 30365
ATrN: North Carolina/Florida Unit
STATE AGENCY
8. Failure to comply with the requirements of this Order
shall constitute a violation of this Order and may subject the
Respondent to penalties as provided in Section 309 of the Act.
9. This Order does not operate as an NPDES permit and does
not replace, modify or eliminate any requirement of the Act.
Nothing contained herein shall be construed as prohibiting
February 19, 1993
-------
ATTA I NT E - PAGE 15
prosecution for the violations cited in this Order, for violations
of the Order itself, the NPDES permit, or for any other violations
of the Act.
This Order is effective upon receipt.
Date Robert F. McGhee, Acting
Director
Water Management Division
February 19, 1993
-------
ATTACHMENT E - PAGE 16
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
4WM -WPEB
AO CLOSURE LETTER
ADDRESS
RE: NPDES Permit No.
Administrative Order No.
NAME IF DIFFERENT
Dear
This is to advise that Administrative Order No.
issued on has been placed in an inactive
status.
Sincerely yours,
W. Ray Cunningham, Director
Water Management Division
CC: State Agency
bc: ORC-Attorney
Headquarters
February 19, 1993
-------
iO ST 4
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET, SW 308 . ao
‘ L PRO1c ’ ATLANTA, GEORGIA 30303-8909
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: wI-WPEB
COMPANY NAME & ADDRESS
SUBJ: Administrative Order No. 97-
Dear
Pursuant to Section 309(a) (1) of the Clean Water Act (Act),
as amended, 33 U.S.C. § 1319(a) (1), the Director, Water
Management Division, Region 4, United States Environmental
Protection Agency (EPA), has determined that the above referenced
facility is in violation of Section 308 of the Act, 33 u.s.c.
§1318. As a result, the Director has issued the enclosed
Findings and Order.
This Order is issued to enforce existing requirements under
the Act and therefore, does not replace, modify or eliminate any
other requirement of the Act. Notwithstanding the issuance of
this Order, the EPA retains the right to bring any
administrative, civil, or criminal action to seek penalties,
fines, or other appropriate relief under the Act. further
enforcement action under the Act for the violations cited in this
Order and for any other violation of the Act.
Under Executive Order 11738 and EPA regulations issued
thereunder (40 Code of Federal Regulations, Part 15), facilities
to be utilized in contracts, grants, or loans must be in full
compliance with all standards established pursuant to the Clean
Water Act and the Clean Air Act. A violation of this Order may
result in the subject facility becoming ineligible for
participation in any work associated with a federal contract,
grant, or loan.
100% Recycled Paper (40% Poatconeumer)
-------
Should you have any questions concerning the enclosed Order,
please contact at (404)562-
Sincerely,
Mary Kay Lynch, Chief
Water Programs Enforcement Branch
Water Management Division
Enclosure
CC: Georgia Department of Natural
Resources
bc: BAD/OWLS
EPA Headquarters
-------
. øo S 4pE,
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
ATLANTA FEDERAL CENTER
I / 100 ALABAMA STREET, S.W.
l( 01 tP ATLANTA, GEORGIA 30303-31 04
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
REF: 4WM-WPEB
Mr. Harold F. Reheis
Director
Georgia Department of Natural
Resources
205 Butler Street, SE
East Floyd Tower
Atlanta, G 30334
SUBJ: Administrative Order No. 97-
FACILITY NAME
Dear Mr. Reheis:
Pursuant to Section 309(a) (1), 33 U_S.C. §1319(a) (1), of the
Clean Water Act (Act), I have determined that the above
referenced facility is in violation of the Act. As a result, I
have issued an Administrative Order, a copy of which is enclosed
for your reference. The Order is presently being served.
Sincerely,
Robert F. McGhee, Director
Water Management Division
Enclosure
bc: HAD/OWLS
EPA Headquarters
RecycledlRecyclable .Pnnted with Vegetable Oil Based Inks on 100% Recycled Paper (40% Postconsumer)
-------
ENFORCEMENT CONFIDENTIAL - - DO NOT RELEASE
309(a) ORDER TO ADDRESS DISCHARGERS WHO DID NOT RESPOND TO 308
REQUEST TO ASCERTAIN EXTENT AND NATURE OF STORMWATER DISCHARGES
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
IN THE MA ER OF: ) ADMINISTRATIVE ORDER
NO. 97-
NAME OF COMPANY
CITY, STATE ) PURSUANT TO SECTION 309(a) (1)
OF THE CLEAN WATER ACT
STATUTORY AUTHORITY
The following FINDINGS are ORDER issued pursuant to the authority
vested in the Administrator of the Environmental Protection Agency
(EPA) by Section 309(a) (1) of the Clean Water Act (Act), 33 U.S.C.
§ 1319(a) (1), as amended. This authority has been delegated to the
Regional Administrator of EPA, Region 4, and re-delegated by the
Regional Administrator to the Director, Water Management Division.
FINDINGS OF VIOLATION
1. OPCQMP NY (OR COMPA tIE$), (Respondent) (s) is/are
U4DXVtDW LS S), ‘C *PORATX 4S (Sit P R ET1 RSHZP(S) (WU RE 1 PPLXCABZ2,
O2NG USXNBSC O OR NZZED BUS tNES$ IN ThE ‘S Th OP GEO GP) and
is/are a ‘ t person(s)” within the meaning of Section 502(5) of the Act,
33 U.S.C. §13 62 (5), and is/are thus subject to its requirements.
2. Respondent(s) (is/are) or (was/were) the owner(s) and/or
operator(s) of and responsible for the construction site located at
sçi xu 1wc rz w r :M c SPEC3 PXCXTY 1Po ThX fl JDJNG
SThTE
-------
2
3.. Pursuant to Section 308 of the Act, 33 U.S.C. § 1318, on or
about DATE EPA Region 4 requested Respondent(s) to submit INFORMA.TIØN
REQUESTED by DUE DA TE.
4. Respondent(s) failed to submit the requested information
by the deadline.
5. Pursuant to Section 309(a) (4) of the act, 33 U.S.C. §
1319(a) (4), on DATE Respondent(s) was/were given the opportunity to
confer with EPA concerning the Section 308 violation alleged herein.
6. Respondent (s) (PRDVIDE RESULT OF CON? RENCE R F F THAT
RESPONDENT(S) C0N] ER) with EPA regarding
the Section 308 violation alleged herein.
7. Respondent(s) failure to submit the information by the
deadline pursuant to EPA’S Section 308 request is a violation of
33 U.S.C. § 1318.
8. Based on the above, I find that the Respondent(s) is/are in
violation of Section 308 of the Act, 33 U.S.C. § 1318.
ORDER FOR COMPLIANCE
Based on the foregoing FINDINGS, and pursuant to the authority of
Sections 308 and 309 of the Act, 33 U.S.C. § 1318 and 1319, IT IS
HEREBY ORDERED that the Respondent(s) comply with the following
-------
3
requirements:
1. Within SIGN B NUMBER OF DAYS after the effective date of
this ORDER, Respondent shall submit the information requested pursuant
to the Section 308 request to EPA Region 4.
2. Within 15 days of achieving full compliance with this Order
Respondent shall submit a letter to EPA certifying compliance.
3. Information required to be submitted by this Order shall be
sent by registered mail, or its equivalent, to the following
addressee:
Mary Kay Lynch, Chief
Water Programs Enforcement Branch
Water Management Division
U.S. EPA, Region 4
100 Alabama Street, SW
Atlanta, Georgia 30303
ATTN: Georgia State Coordinator
4. All submittals made in response to this 309(a) (1) Order must
be accompanied by the following certification, which is to be signed
by a responsible agency official in accordance with 40 C.F.R.
§ 122.22:
“I certify under penalty of law that this document and all
attachments were prepared under direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant
penalties for submitting information, including the possibility of
fine and imprisonment for knowing violations.”
5. Failure to comply with the requirements of this Order shall
-------
4
constitute a violation of this Order and the Act and may subject the
Respondent to penalties as provided in Section 309 of the Act, 33
U.S.C. §1319.
6. This Order does not operate as an NPDES permit nor does it
replace, modify or eliminate any requirement of the Act. Nothing
contained herein shall be construed as prohibiting prosecution for the
violations cited in this Order, for violations of the Order itself, or
for any other violations of the Act.
7. EPA has notified the State of Georgia of the above Findings
and this Order.
8. This Order shall become effective upon receipt.
Date Robert R. McGhee, Director
Water Management Division
-------
L
-------
NPDES
DMR QUALITY ASSURANCE (DMR-QA) PROGRAM
MODEL ADMINISTRATIVE DOCUMENTS
-------
texf I . apo
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ADMINISTRATIVE COMPLAINT
IN THE MA ER OF
Proceeding to Assess Class I
TEXFI Industries, Inc. Civil Penalty Under
Southworth Plant Section 309(g) of the
Post Office Box 906 Clean Water Act
Jefferson, GA 30549
NPDES Permit No. GA0002712
Respondent. Docket No. CWA-IV 97-510
I. STATUTORY AUTHORITY
1. This Administrative Complaint is issued under the
authority vested in the Administrator of the U.S. Environmental
Protection Agency (“EPA”) by Section 309(g) (2) (A) of the Clean
Water Act (“Act”), 33 U.S.C. § 1319(g) (2) (A). The Administrator
has delegated this authority to the Regional Administrator of EPA
Region 4, who in turn has delegated it to the Director of the
Water Management Division of EPA Region 4, who in turn has
delegated it to the Chief of the Water Programs Enforcement
Branch of EPA Region 4 (“Complainant”).
2. Pursuant to Section 309(g) (2) (A) of the Act, 33 U.S.C. §
1319(g) (2) (A) and in accordance with the proposed “Consolidated
Rules of Practice Governing Class I Civil Penalties Under the
Clean Water Act,” 56 Fed. Reg. 29,996 (July 1, 1991) (“Part 28”),
Complainant hereby requests that the Presiding Officer assess a
civil penalty against TEXFI Industries, Inc. (“Respondent”) for
failure to submit data requested by EPA pursuant to Section
308(a) of the Act, 33 U.S.C. § 1318 (a)
-------
II. ALLEGATIONS
3. Respondent is a corporation organized under the laws of
Georgia with a place of business located at 28 Epps Street,
Jefferson, Georgia, duly orgnized and existing under the laws of
Georgia, and is a “person” within the meaning of Section 502(5)
of the Act, 33 U.S.C. § 1362(5).
4. Respondent owns and operates a wastewater treatment
system located at 28 Epps Street, Jeff erson, Georgia (“the
facility”), which is and was at all relevant times a “point
source” within the meaning of Section 502(14) of the Act, 33
U.S.C. § 1362(14).
5. Section 301(a) of the Act, 33 U.S.C. § 1311(a),
prohibits the discharge of pollutants into the navigable waters
of the United States, except in compliance with certain sections
of the Act.
6. Section 402(b) of the Act, 33 U.S.C. § 1342(b), provides
that the Administrator may authorize a State to issue NPDES
permits in compliance with the requirements of the Act. The
Administrator has granted the State of Georgia through the
Georgia Department of Natural Resources the authority to issue
NPDES permits pursuant to Section 402(b) of the Act.
7. Pursuant to Section 402 of the Act, 33 U.S.C. § 1342, the
Administrator of EPA, through the Director, Georgia Environmental
Protection Division, Department of Natural
Resources, issued NPDES permit number GA0002712 (“the NPDES
permit”) to Respondent, issued September 29, 1995 with an
expiration date of August 31, 2000.
2
-------
8. The NPDES permit authorized the Respondent to discharge
pollutants from the facility into the Middle Occonee River,
subject to the specific terms and limitations of the NPDES
permit. The NPDES permit established effluent limitations of
Biochemical Oxygen Demand-5 Day (BOD), pH, Total Suspended
Solids, Total Chromium, Single Compound Phenol and Chemical
Oxygen Demand for discharges from the facility.
9. EPA has established and continues to operate a Discharge
Monitoring Report Quality Assurance (DMR-QA) Program pursuant to
Section 308 of the Act, 33 U.S.C. §1318. The DMR-QA Program is
an annual study designed to ensure that NPDES permit holders have
adequate laboratory quality assurance/quality control programs
and are submitting data on Discharge Monitoring Reports which
accurately reflect the pollutants in, and toxicity of their
discharges.
10. The annual DMR-QA Study for 1995 and 1996 are known as
Study 15 and Study 16, respectively. Respondent was required to
participate in these studies; however, Respondent failed to
submit the requested information within the required timeframe.
11. By letters dated January 26, 1995 (Study 15) and
February 8, 1996 (Study 16), EPA transmitted a Section 308
request, along with forms and instructions,to the Respondent.
Respondent was directed to report the results from the DMR-QA
tests to ManTech (EPA contractor) not later than August 7, 1995
and October 7, 1996, respectively.
12. Respondent failed to submit the results of Study 15
and Study 16 to Mantech by the due dates of August 7, 1995 and
October 7, 1996, respectively.
3
-------
15. The Respondent’s failures to submit the required DMR-
QA chemistry analysis as described above violated Section 308(a)
of the Act. Consequently, under Section 309(g) (2) (A) of the Act,
as described above violated 33 U.S.C. § 1319(g) (2) (A), the
Respondent is liable for the administrative assessment of civil
penalties in an amount not to exceed $10,000 per violation, up to
a maximum of $25,000. Under the Debt Collection Improvement Act
of 1996, violations after January 30, 1997, are subject to
penalties not to exceed $11,000 per violation, up to a maximum of
$27,500.
III. PROPOSED PENALTY
16. Based on the forgoing Allegations, and pursuant to the
authority of Section 309(g) (2) (A) of the Act, the Complainant
proposes that the Presiding Officer assess administrative
penalties against the Respondent in the amount of $4,180.
Date: _____________ _______________________
Mary Kay Lynch, Chief
Water Programs Enforcement Branch
Certified as legally sufficient:
___________________________ Date:
John Callahan
Assistant Regional Counsel
4
-------
Docket No. CWA-IV 97-510
CERTIFICATE OF SERVICE
I certify that the forgoing Class I Administrative Complaint
and Opportunity to Request Hearing or Informal Conference was
sent to the following persons, in the manner specified, on the
date below:
Original hand-delivered:
Ms. Julia Mooney
Regional Hearing Clerk
U.S. EPA
Region 4
61 Forsyth Street, S.W.
Atlanta, GA 30303
Copy by certified mail,
return receipt requested:
Mr. Tim Harris
Plant Manager
TEXFI Industries, Inc.
Southworth Plant
P.O. Box 906
Jefferson, GA 30549
Mr. Harold Reheis
Director
Environmental Protection Division
Georgia Dept. of Natural Resources
205 Butler Street, S.E., Suite 1152
East Floyd Tower
Atlanta, GA 30334
Dated: ____________________________
Susan Pope, Compliance Analyst
U.S. EPA Region 4
61 Forsyth Street, S.W.
Atlanta, GA 30303
5
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
100 ALABAMA STREET, S.W.
ATLANTA, GEORGIA 30303-3104
Ms. Julia Mooney
Regional Hearing Clerk
U.S. EPA
Region 4
61 Forsyth Street, S.W.
Atlanta, GA 30303
SUBJ: In the Matter of TEXFI Industries, Inc.
NPDES Permit No. GA0002712
Docket No. CWA-IV 97-510
Dear Ms. Mooney:
Enclosed for filing please find a Class I Administrative
Complaint pursuant to Section 309(g) (2) (A) of the Clean Water Act
(Act), 33 U.S.C. §1319(g) (2) (A), for the failure to submit
results for DMR-QA Studies 15 and 16 in violation Section 308 of
the Act, 33 U.S.C. §1318(a).
Sincerely,
May Kay Lynch, Chief
Water Programs Enforcement Program
Water Management Division
Enclosure
Vegetable Oil Based Inks on 100% Recycled Paper (40% Postconsumer
-------
O S1 4 ,.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
ATLANTA FEDERAL CENTER
100 ALABAMA STREET, S W
ATLANTA, GEORGIA 30303-3 104
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
Mr. Harold Reheis
Director
Environmental Protection Division
Georgia Department of Natural Resources
205 Butler Street, S.E., Suite 1152
East Floyd Tower
Atlanta, GA 30334
SUBJ: Notice of Proposed Administrative Penalty Assessment
Docket No. CWA-IV 97-510
TEXFI Industries, Inc.
NPDES Permit No. GA0002712
Dear Mr. Reheis:
Enclosed is a copy of the Administrative Complaint which
contains a proposed administrative penalty assessment which the
Administrator of the United States Environmental Protection
Agency (EPA) proposes to issue to TEXFI Industries, Inc. pursuant
to Section 309(g), 33 U.S.C. §1319(g), of the Clean Water Act
(Act). The Administrator proposes to issue the Complaint to
begin the process to assess administratively a Class I civil
penalty of up to $25,000 against TEXFI Industries, Inc. for
violations of the Act. Under the Debt Collection Improvement Act
of 1996, violations after January 30, 1997, are subject to
penalties not to exceed $27,500.
Because the violations have occurred in Georgia, EPA is
offering to you an opportunity to confer with us regarding the
proposed assessment. If you wish to request a conference, or if
you have any comments or questions regarding the matter, you may
call me at (404)562-9330, or your staff may call Ed Sims at (404)
562-9768. A request for conference must be made within fifteen
(15) days of receipt of this letter. The conference may be in
person or by telephone and may cover any matters relevant to the
proposed assessment.
Pnnted with Vegetable Oil Based Inks on 100% Recyded Paper (40% Postconsumer)
-------
2
A copy of EPA procedures governing the assessment of Class I
administrative penalties under the Act is enclosed for your
reference.
Sincerely,
Mary Kay Lynch, Chief
Water Programs Enforcement Branch
Water Management Division
Enclosures
CC: Ms. Vickie Yarbrough, GA EPD
Regional Hearing Clerk
____Sims Spurlin Horn Gala Pope ORC/Callahan
____ORC/Fitz-Henley Collins Lynch
bc: ORC - M. English
ORC - John Callahan
EPA HQ
Chet Gala
-------
1 O S1q
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
100 ALABAMA STREET, S W
‘ ‘ L o1 ’ ATLANTA, GEORGIA 30303-3104
CERTIFIED MkEL
RETURN RECEIPT REQUESTED
REP: 4WM-WPEB
Mr. Tim Harris
Plant Manager
TEXFI Industries, Inc.
Southworth Plant
P. 0. Box 906
Jefferson, GA 30549
SUBJ: Notice of Proposed Penalty Assessment
Docket No. CWA-IV 97-510
TEXFI Industries, Inc.
NPDES Permit No. GA0002712
Dear Mr. Harris:
Enclosed is an Administrative Complaint which the U.S.
Environmental Protection Agency (EPA) is issuing to you as a
result of our determination that you have unlawfully failed to
submit DMR-QP 1 results for Studies 15 and 16 in violation of
Section 308(a) of the Clean Water Act, 33 U.S.C. §1318(a). The
Complaint requests that a penalty of $4,180 be assessed against
you for these violations.
You have the right to a hearing to contest the factual
allegations in the Complaint. If you admit the allegations, or
they are found to be true after you have had an opportunity for a
hearing on them, you have the right to contest the penalty
proposed in the Complaint. I have enclosed a copy of the
procedures the Agency follows in cases of this kind. Please note
the requirements for a Response in §S28.2(u) and 28.20. If you
wish to contest the allegations in the Complaint or the penalty
ro osed in the Complaint, you must file a Response within thirty
( 30) days of your receipt of the enclosed Complaint to the EPA
Regional Hearing Clerk at the following address :
Regional Hearing Clerk
U. S. EPA Region 4
61 Forsyth St., S.W.
Atlanta, GA 30303
If you do not file a Response by the applicable deadline
(see §28.20(a) and (b)) , you will have defaulted. Each
allegation in the Complaint will be deemed to be admitted as true
by you. You will have waived your right to appear in this action
for any purpose and will also have waived your right to be
notified of any Agency proceedings that occur before a civil
penalty may be imposed. Provided that the Administrative
Complaint is legally sufficient, the Presiding Officer will then
Recycled/Recyclable . Printed with Vegetable Oil Based Inks on 100% Recycled Paper (40% Postconsumer)
-------
2
find TEXPI Industries, Inc. liable for
Regional Administrator maythen assess
penalty of up to $10,000 per violation
violations. Under the Debt Collection
violations after January 30, 1997, are
to exceed $11,000 per violation.
a civil penalty, and the
against you a civil
for your alleged
Improvement Act of 1996,
subject to penalties not
You have the right to be represented by an attorney at any
stage of the proceedings, including any informal discussions with
EPA. If you have any questions, wish to discuss a settlement of
this matter with the Agency by an informal conference, or would
like to receive an extension of the thirty day deadline to file a
Response in order to discuss settlement of this case, please
inunediately contact Ed Sims at 404/562-9768. A settlement
discussion neither relieves you of your need to file a Response
to the Complaint, nor affects what you may choose to say in a
Response.
Enclosures
cc: GA EPD
Regional Hearing Clerk
Sincerely,
Mary Kay Lynch, Chief
Water Programs Enforcement Branch
Water Management Division
____Sims Spurlin Horn Gala Pope ORC/Callahan
____ORC/Fitz-Henley Collins Lynch
bc: ORC - M. English
ORC - John Callahan
EPA HQ
Chet Gala
-------
Notes on Proposed Penalty Assessment
TEXFI Industries, Inc. (Respondent) owns and operates a
wastewater treatment facility in Jefferson, Georgia. The
Respondents National Pollutant discharge Elimination system
(NPDES) Permit No. GA0002712 was issued September 29, 1995 with
an expiration date of August 31, 2000.
The Environmental Protection Agency (EPA) operates a
Discharge Monitoring Report Quality Assurance (DMR-QA) program,
by contracting with ManTech Corporation (ManTech). The DMR-QA
program requires permittees to analyze or have analyzed the
samples transmitted to them or their designated contract
laboratory and report the results on the form provided by EPA.
This occurs on an annual basis and allows EPA to measure the
quality of analytical data submitted by permittees.
The Respondent’s results for the DMR-QA Study 15 and Study
16 were due to ManTech by August 7, 1995 and October 7, 1996,
respectively. The forms and instructions for Study 15 were sent
to the Respondent on January 26, 1995 and for Study 16 were sent
February 8, 1996 via a 308 information request. Mantech has
evidence that the notice letters for both Studies were sent to
the Respondent.
On March 18, 1997, GA EPD sent a letter to Respondent for
not responding to the Study 15 and Study 16 DMR-QA program. On
April 1, 1997 the Respondent faxed a letter to GA EPD indicating
that they had given the DMR/QA information to their contract
laboratory and Respondent assumed that the laboratory had done
the necessary testing and reporting for Study 15 and Study 16.
Respondent indicated that they have heard nothing from their
contract laboratory about these studies.
In developing the penalty amount in this case, EPA Region 4,
took into account the following factors: the nature of the
alleged violations, circumstances, extent and gravity of the
alleged violations, Respondent’s prior compliance history, degree
of culpability for the cited violations, any economic benefit or
savings accruing to Respondent by virtue of the violations, and
the Respondent’s ability to pay the proposed penalty identified
in §309(g) (3) of the Act, 33 U.S.C. §1319(g) (3)
Section 309(g) of the Act provides for a penalty of up to
$10,000 per day. The maximum administrative penalty limits are
as follows: Class I $25,000 and Class II $125,000. It should be
noted that under the Debt Collection Improvement Act of 1996,
violations after January 30, 1997, are subject to penalties not
to exceed $11,000 per violation, however these violations
occurred before January 30, 1997.
1. Nature, Circumstances, Extent, and Gravity of violation :
The Respondent failed to submit results for DMR-QA Study 15
and 16 as required by Section 308. As stated earlier, the
Respondent’s results for the DMR-QA Study 15 and Study 16 were
-------
2
due to ManTech by August 7, 1995 and October 7, 1996,
respectively. The forms and instructions for Study 15 were sent
to the Respondent on January 26, 1995 and for Study 16 were sent
February 8, 1996 via a 308 information request. Mantech has
evidence that the notice letters for both Studies were sent to
the Respondent. The gravity associated with these violations are
$4000. Please note that this figure was determined using the
Region 4 EPA Penalty Guidance Material Dated May 5, 1992.
2. Prior compliance history :
NONE
3. Dec ree of Cu1 ability :
The Respondent is responsible for the violation.
4. Economic Benefit :
The economic benefit (BEN) calculation is based on the one-
time nondepreciable expenditure savings the Respondent realized
as a result of not analyzing and submitting data for DMR-QA Study
15. Analytical Services, Inc. in Atlanta, Georgia was contacted
for average costs of the parameters the Respondent should have
analyzed for in Study 15 and Study 16. The laboratory costs to
conduct analyses for Biochemical Oxygen Demand-5 Day (BOD), pH,
Total Suspended Solids, Total chromium, Single Compound Phenol
and Chemical Oxygen Demand was $85 for each DMR/QA Study. Thus,
the economic benefit savings realized by the Respondent for Study
15 and Study 16 was $8.00 and $2.00, respectively based on
failure to analyze for the aforementioned parameters. The BEN
calculation is attached. The total economic benefit realized by
the Respondent was $180.00.
5. Ability to Pay :
At the present time, the Respondent has not submitted
documentation to assert their inability to pay a penalty as
grounds for a penalty adjustment.
6. Other matters as justice may reQuire :
NONE
Region 4 believes that the assessed penalty amount of $4010
represents a fair application of the factors identified in
Section 309(g) (3) of the Act, to this case.
-------
texf I . Co
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
IN THE MATTER OF
CONSENT ORDER
TEXFI Industries, Inc.
Southworth Plant
Post Office Box 906 Docket No. CWA-IV 97-510
Jefferson, GA 30594
Respondent.
I. STATUTORY AUTHORITY
1. This Consent Order is issued under the authority vested
in the Administrator of the U.S. Environmental Protection Agency
(“EPA”) by Section 309(g) (2) (A) of the Clean Water Act (“Act’ t ),
as amended, 33 U.S.C. § 1319(g) (2) (A). The Administrator has
delegated this authority to the Regional Administrator of EPA
Region 4, who in turn has delegated it to the Director of the
Water Management Division of EPA Region 4, who in turn has
delegated it to the Chief of the Water Programs Enforcement
Branch of EPA Region 4. In accordance with the “Consolidated
Rules of Practice Governing Class I Civil Penalties Under the
Clean Water Act,” 56 Fed. Reg. 29,996 (July 1, 1991) (“Part 28”),
the Chief of the Water Programs Enforcement Branch hereby issues
this Consent Order.
II. STIPULATIONS AND FINDINGS
The Respondent, by its attorney or other authorized
representative, stipulates and EPA finds as follows:
-------
2. On May 29, 1997 EPA issued an Administrative Complaint,
Docket No. CWA-IV 97-510, pursuant to Section 309(g) (2) (A) of the
Act, 33 U.S.C. § 1319(g) (2)(A), alleging that Respondent was in
violation of Section 308(a) of the Act, 33 U.S.C. § 1318(a),and
proposing a penalty of $4,180.
3. In the Administrative Complaint, EPA alleged that:
a. Respondent is a corporation organized under the laws of
Georgia with a place of business located at 28 Epps Street,
Jefferson, Georgia, and is a ‘ t person” within the meaning of
Section 502(5) of the Act, 33 U.S.C. §1362(5).
b. Respondent owns and operates a wastewater treatment
system located at 28 Epps Street, Jefferson, Georgia (“the
facility”), which is and was at all relevant times a “point
source’ t within the meaning of Section 502(14) of the Act, 33
U.S.C. § 1362(14).
c. Section 301(a) of the Act, 33 U.S.C. § 1311(a),
prohibits the discharge of pollutants into the navigable waters
of the United States, except in compliance with certain sections
of the Act.
d. Section 402(b) of the Act, 33 U.S.C. § 1342(b), provides
that the Administrator may authorize a State to issue NPDBS
permits in compliance with the requirements of the Act. The
Administrator has granted the State of Georgia through the
Georgia Department of Natural Resources the authority to issue
NPDES permits pursuant to Section 402(b) of the Act.
e. Pursuant to Section 402 of the Act, 33 U.S.C.l 42, the
Administrator of EPA, through the Director, Georgia Department of
Natural Resources, issued NPDES permit number GA0002712 (“the
NPDES permit”) to Respondent, on September 29, 1995 with an
expiration date of August 31, 2000.
f. The NPDES permit authorized the Respondent to discharge
pollutants from the facility into the Middle Oconee, subject to
the specific terms and limitations of the NPDES permit. The
NPDES permit established effluent limitations of Biochemical
Oxygen Demand- 5 Day (BOD), pH, Total Suspended Solids, Single
Compound Phenol, Total Chromium, and Chemical Oxygen Demand for
discharges from the facility.
g. EPA has established and continues to operate a
Discharge Monitoring Report Quality Assurance (DMR-Q ) Program
pursuant to Section 308 of the Act, 33 U.S.C. §1318. The DMR-QA
2
-------
Program is an annual study designed to ensure that NPDES permit
holders have adequate laboratory quality assurance/quality
control programs and are submitting data on Discharge Monitoring
Reports which accurately reflect the pollutants in, and toxicity
of their discharges.
h. The annual DMR-QA Study for 1995 and 1996 are known as
Study 15 and Study 16, respectively. Respondent was required to
participate in these studies; however, Respondent failed to
submit the requested information within the required timeframe.
i. By letters dated January 26, 1995 (Study 15) and
February 8, 1996 (Study 16), EPA transmitted a Section 308
request, along with forms and instructions, to the Respondent.
Respondent was directed to report the results from the DMR-QA
tests to ManTech (EPA contractor) not later than August 7, 1995
and October 7, 1996, respectively.
j. Respondent failed to submit the results of Study 15 and
Study 16 to Mantech by the due dates of August 7, 1995 and
October 7, 1996, respectively.
k. The Respondent’s failures to submit the required DMR-QA
chemistry data as described above violated Section 308(a) of the
Act. Consequently, under Section 309(g) (2) (A) of the Act, as
described above violated 33 U.S.C. 1319 (g) (2) (A), the
Respondent is liable for the administrative assessment of civil
penalties in an amount not to exceed $10,000 per violation, up to
a maximum of $25,000. Under the Debt Collection Improvement Act
of 1996, violations after January 30, 1997, are subject to
penalties not to exceed $11,000 per violation, up to a maximum of
$27,500.
4. Respondent admits the facts and findings of violation as
alleged in the Administrative Complaint as set forth above, and
waives its right to a hearing under Section 309(g) (2) (A) of the
Act, 33 U.S.C. § 1319(g) (2) (A), and to appeal this Consent Order
under Section 309(g) (8) (A) of the Act, 33 U.S.C. § 1319(g) (8) (A).
3
-------
III. CONSENT ORDER
5. Based on the foregoing Stipulations and Findings, and
under the authority of Section 309(g) (2) (A) of the Act, 33 U.S.C.
§ 1319 (g) (2) (A), EPA HEREBY ORDERS ND RESPONDENT HEREBY
CONSENTS, that:
a. No later than thirty (30) days after the effective date
of this Consent Order as defined in Section VI, the Respondent
shall submit a money order or a cashier’s or certified check in
the amount of $4,180, payable to “Treasurer, United States of
Mterica” to:
EPA Region 4
P.O. Lock Box 100142
Atlanta, GA 30384
b. The Respondent shall note on the penalty payment check
or money order the title and docket number of this case. The
Respondent shall submit copies of the check or money order to the
following persons:
Ms. Julia Mooney
Regional Hearing Clerk
Atlanta Federal Center
U.S. Environmental Protection Agency
Region 4
61 Forsyth Street, S.W.
Atlanta, GA 30303
and
Ms. Susan J. Pope
Clean Water Act Enforcement Section
Water Programs Enforcement Branch
Water Management Division
U.S. Environmental Protection Agency
Region 4
Atlanta Federal Center
61 Forsyth Street, S.W.
Atlanta, GA 30303
4
-------
6. Failure by the Respondent to pay the penalty assessed by
this Consent Order in full by its due date may subject Respondent
to a civil action to collect the assessed penalty, plus interest,
attorney’s fees, costs and an additional quarterly nonpayment
penalty pursuant to Section 309(g) (9) of the Act, 33 U.S.C. §
1319(g) (9). In any such collection action, the validity, amount
and appropriateness of the $4,180 penalty shall not be subject to
review.
IV. GENER.AL PROVISIONS
7. The provisions of this Consent Order shall be binding
upon Respondent, its officers, directors, agents, servants,
employees, and successors or assigns.
8. This Consent Order does not constitute a waiver,
suspension or modification of the requirements of the Clean Water
Act, 33 U.S.C. § 1251 et seq., or any regulation promulgated
thereunder.
9. Each signatory party shall bear its own costs and fees
associated with this action.
V. RESERVATION OF RIGHTS
10. The United States specifically reserves all rights to
pursue criminal enforcement as well as the right to initiate an
action for imminent and substantial endangerment, including the
right to seek injunctive relief and/or the imposition of
statutory penalties. This reservation of rights does not waive
5
-------
any other rights the United States may have but has not stated
herein.
VI. EFFECTIVE DATE
11. This Consent Order shall become effective thirty (30)
days after completion of service.
TEXFI INDUSTRIES, INC.
Date: ______________ __________________________
Mr. Tim Harris
Plant Manager
TEXPI Industries, Inc.
Authorized Representative of Respondent
U. S. ENVIRONMENTAL PROTECTION AGENCY
Date: ________________________
Mary Xay Lynch, Chief
Water Programs Enforcement Branch
Water Management Division
6
-------
tex-ltr. tco
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
REF: 4WM-WPEB
Mr. Tim Harris
Plant Manager
TEXFI Industries, Inc.
Southworth Plant
P.O. Box 906
Jefferson, GA 30549
StJBJ: •Tentative Consent Order, Docket No. CWA-IV 97-510
TEXFI Industries, Inc.
Dear Mr. Harris:
Pursuant to the settlement discussion with Mr. John
Callahan, Assistant Regional Counsel, Environmental
Accountability Division, U.S. Environmental Protection Agency
(EPA) on July 7, 1997, please find a tentative Consent Order. If
after review, you find that this document accurately reflects our
agreement, please sign and return it to Edward Sims at the above
address.
Once the Consent Order is formalized with both your
signature and that of the appropriate EPA official, an executed
copy will be sent to you. The issuance of this Consent Order
shall constitute a waver by you of your right to a hearing on,
and to a judicial appeal of the agreed upon civil penalty.
If you have any questions, please contact Edward Sims at
404/562-9768.
Sincerely,
Mary Kay Lynch, Chief
Water Programs Enforcement Branch
Water Management Division
Enclosure
bc: ORC - John Callahan
Sims Spun in HomGalaPope_ORC/Cal lahan
_ORC/ Fit z -Henley_Collins_Lynch
-------
tex-caic . apo
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
WATER MANAGEMENT DIVISION
WATER PROGRAMS ENFORCEMENT BRANCH
Complaint Calculation
Name and Location TEXFI Industries, Inc .
of Facility Jefferson. GA
Date of Calculation: May 15, 1997
No. of Violations: 2
r, Tc TT’it’D p (flJq
—
Statutory Maximum Calculation $20,000
Violations X $10,000
or $25,000 (Class I) or $125000 (Class II)
(1) Economic Benefit (+)
$180
(2) Nature, Circumstances, Extent, (+)
and Gravity
(a) Recalcitrance (+)
$4,000
$
(3) Prior Violation History (+)
$0
(4) Degree of Culpability (-)
$0
(5) Other Matters as Justice May Require (-)
$0.00
(6) Ability to Pay (-)
$0.00
(7) Subtotal (+)
$4, 180
(8) Subtotal (-)
0
(9) Complaint Amount
(7) - (8) or Statutory Maximum whichever is smaller
$4,180.00
-------
Complaint gravity
TEXFI Indugtriee, Inc.
Nature, Circumstances, Extent and Gravity
Gravity Components - tabulation of gravity as related to specific
incidents
SXGNP. B RM l Th4BER DURATION 5 NON
EFpwEN e
A
S
D
E
GR !TY
non
0
non
ing
0
0
0
0
0
0
0
1
1
2
2
Sum of the Gravity 5 Component
GravIty +B+C+D+E+1
Total avity s m x $1. QUO
‘
4
$4,000
The factor used to assess the nature, circumstances, extent and
gravity of these non-reporting violations is E. Factor E
encompasses non-effluent violations with a range of 1-10 used to
reflect the seriousness of the violations. EPA chose the gravity
factor of 1 for the failure to submit the DMR-QA results in 1995
and 1996. EPA believes that these violations are of moderate
significance.
-------
ENFORCEMENT CONFIDENTIAL
TEXFI Industries, Inc. Settlement
Initial Settlement Penalty Calculation Worksheet
Nature. Circumstances. Extent and Gravity
Gravity Components - tabulation of gravity as related to specific
incidents
BXGNXflCANCE HARM NtJI ER 101-
- EFFLUENT
A
B
dnvzTr
non
reporting 0
non
ing
0
0
0
0
0
0
0
1
1
stat of the Gravity Con% onertt
‘G r av ity=A +L #C + DtT
mx 1 1
- iTio lation
2
$2,000
A factor of 0 for each violation was chosen because EPA believes
that the violations are of moderate significance.
-------
ENFORCEMENT CONFIDENTIAL
Case Name TEXFI Industries, Inc .
Date July 9, 1997
Prepared By Lisa Spurlin
FINAL SETTLEMENT PENALTY CALCULATION WORXSHEET
STEP
AMOUNT
1. Calculate Statutory Maximum Penalty (period of
violations as of Auqust 1995 & October 1996)
$20,000
2. Economic Benefit (attach BEN printouts, with
explanations for calculations)
$180
3. Total of Monthly Gravity Amounts
$2,000
4.Economic Benefit + Gravity (lines 2 + 3)
$2,180
5. Gravity Adjustments
a. Flow Reduction Factor Qj (0 to 50%) x line 3
0
b. Recalcitrance Factor (0 to 150%) x line 3
c. Quick Settlement Reduction 10% (0 or 10%) x line 3
$200
d. Total gravity adjustments (negative amount if net
gravity reduction) (lines 5.b.- S.c.- 5.a.)
6.Preliminary penalty amount (lines 4 + 5.d.)
7.Litigation Consideration reduction (if any)
8.Ability to pay reduction (if any)
9.Reduction for Supplemental Environmental Projects
(if any)
10.Bottom-line Cash Settlement Penalty (Line 6 less
lines 7, 8 and 9. Or, if applicable, amount
calculated by national municipal litigation
consideration in §IV.D.6., less no more than 40% of
that amount for appropriate SEP’S.)
$1, 990
On July 7, 1997, Respondent agreed to settie tor tfle complaint
amount of S4.180 which is above the bottom line settlement
number.
-------
ENFORCEMENT CONFIDENTIAL
INITIAL SETTLEMENT DISCUSSION
1). Economic Benefit:
The Economic Benefit (BEN) calculation is based on the one-
time nondepreciable expenditure savings the Respondent realized
as a result of not analyzing and submitting data for DMR-QA Study
15 and 16. The economic benefit realized by the Respondent was
$10.00 based on failure to analyze for BOD-5day, pH, Total
Suspended Solids, Total Chromium, Single Compound Phenol, and
Chemical Oxygen Demand and failure to submit those results to
ManTech. The laboratory cost for analysis of the aforementioned
parameters would have been $85.00 for each study, therefore the
total economic benefit realized by the Respondent was $180.00.
2). Gravity:
The Respondent failed to submit the analyses for DMR-QA
studies 15 and 16 in a timely mariner. A factor of .5 was chosen
because EPA believes that the violations are of moderate
significance. Please note this figure was determined using the
February 28, 1995, Revised Interim Clean Water Act Settlement
Penalty Policy.
3). Ability to Pay:
At the present time, Respondent has not submitted
documentation to assert their ability to pay a penalty as grounds
for a penalty adjustment.
4). Quick Settlement Adjustment Factor:
EPA believes the Respondent will negotiate quickly and
reasonably. Thus, the gravity has been reduced by 10%.
-------
-------
NPDES
CONSENT AGREEMENTS AND CONSENT ORDERS
WITH
SUPPLEMENTAL ENVIRONNENTAL PROJECTS
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
IN THE MA!L9 RR OF: ) CONSENT AGREEMENT MID
Emerson Electric ) CONSENT ORDER
Oxford, Mississippi )
) Docket No. CWA-IV 96—502
NPDES Permit NS000041B )
__________________________________________________________________)
I. STATUTORY AUTHORITY
1 • This Consent Agreement and Consent Order is issued
under the authority vested in the Administrator of the U.S.
Environmental Protection Agency (EPA) by Section 309(g)(2)(B) of
the Clean Water Act (Act), 33 U.S.C. § 1319(g)(2)(B). The
Administrator has delegated this authority to the Regional
Administrator of EPA Region 4, who in turn has delegated it to
the Director of the Water Management Division of EPA Region 4.
In accordance with the “Consolidated Rules of Practice Governing
the Administrative Assessment of Civil Penalties and the
Revocation or Suspension of Permits,” 40 CFR Part 22, as amended
(Part 22), the Director of the Water Management Division hereby
issues this Consent Agreement and Consent Order.
II. STIPULATIONS AND FINDINGS
2. Respondent, by its attorney or other authorized
representative, stipulates and EPA finds as follows:
3. On July 9, 1996, EPA issued an Administrative
Complaint, Docket No. CWA-IV-96-502, pursuant to Section
309(g)(2)(B) of the Act, 33 U.S.C. § 1319(g)(2)(B), alleging that
Respondent was in violation of Section 301(a) of the Act), 33
U.S.C. § 1311(a) and proposing a penalty of $69,600.
-------
2
4. In the Administrative Complaint, EPA alleged that:
a. Emerson Electric is a “person” within the meaning of Section
502(5) of the Act, 33 U.S.C. § 1362(5);
b. Respondent owns and operates a plant (hereinafter, the
Facility), located at Oxford, Mississippi, which discharges
“pollutants” into Davidson Creek, a “navigable water” of the
United States; these terms are defined in Section 502 of the Act,
33 U.S.C. § 1562. Respondent is, therefore, subject to the
provisions of the Act, 33 U.S.C. § 1251
c. Section 301(a) of the Act, 33 U.S.C. § 1311(a), prohibits
the discharge of pollutants into the navigable waters of the
United States, except in compliance with certain sections of the
Act;
d. Section 402(b) of the Act, 33 U.S.C. § 1342(b), provides
that the Administrator of EPA may authorize a State to issue
NPDES permits in compliance with the requirements of the Act.
The Administrator has granted the State of Mississippi, through
the Mississippi Department of Environmental Quality (MSDEQ), the
authority to issue NPDES permits pursuant to Section 402(b) of
the Act;
e. Pursuant to Section 402 of the Act, 33 U.S.C. § 1342, the
State issued NPDES permit number NS0000418 to Respondent,
effective on September 11, 1990k with an expiration date of
September 10, 1995. On September 11, 1995, MSDEQ
administratively extended the terms and conditions of NPDES
Permit No. M80000418;
-------
3
f. Respondent has violated Section 301(a) of the Act, 33 U.s.c.
§ 1311(a), by exceeding the allowable limit for biochemical
oxygen demand, as set forth in its NPDES Permit No. MS0000418
part l.A , during the months of May, June, July, August,
September, October, November, and December 1992, January, April,
May, August, and December 1993, January, March, and November
1994, and February, March, Nay, June, and November 1995;
g. Respondent has violated Section 301(a) of the Act, 33 U.S.C.
§ 1311(a), by exceeding the allowable limit for total suspended
solids, as set forth in its NPDES Permit No. MS0000418 part l.A,
during July 1992, January 1993, November 1994, and March, June,
and September 1995;
h. Respondent has violated Section 301(a) of the Act, 33 U.S.C.
§ 1311(a), by exceeding the allowable limit for fecal coliform as
set forth in its NPDES Permit No. MS0000418 part l.A , during the
months of May, June, July, August, September, and November 1992,
and May, June, July, August, September, October, and November
1993, and February, Nay, July, August, September, October,
November, and December 1994, and February, April, May, and June
1995, and February 1996;
i. Respondent has violated Section 301(a) of the Act, 33 U.S.C.
S 1311(a), by exceeding the allowable limit for oil and grease,
as set forth in its NPDES Permit No. NS0000418 part l.A , during
March, June, September, and December 1995;
j. Respondent has violated Section 301(a) of the Act, 33 U.S.C.
-------
4
§ 1311(a), by exceeding the allowable limit for pH (standard
units) as set forth in its NPDES Permit No. MS0000418 part 1.A,
during June, July, August, September, October, and December 1992,
and January, February, March, June, July, and September 1993, and
November 1994, and March and June 1995.
5. Respondent neither admits nor denies the findings of
fact and civil violat4ons as set forth above, and Respondent
waives its right pursuant to Section 309 (g)(2)(B) of the Act, 33
U.S.C. S 1319(g)(2)(B), to a hearing and to an appeal of this
Order under Section 309(g)(8)(B) of the Act, 33 U.S.C.
§ 1319(g)(8)(B).
III • PENALTY. SEP AND CONSENT ORDER
6. Based on the foregoing Stipulations and Findings, and
under the authority of Section 309(g)(2)(A) of the Act, 33 U.S.C.
§ 1319(g)(2)(A), EPA HEREBY ORDERS AND RESPONDENT HEREBY
CONSENTS TO the following:
a) No later than thirty (30) days after the effective date
of this Consent Agreement and Consent Order, Respondent shall
s i)unit a money order or a cashier’s or certified check in the
amount of $25,000, payable to Treasu.rer, United States of
America” to:
EPA Region 4
P.O. Lock Box 100142
Atlanta, GA 30384
b) Respondent shall note on the penalty payment check or
-------
5
money order the title and docket number of this case. Respondent
shall submit copies of the check or money order to the following
persons:
Ms. Julia Mooney
Regional Hearing Clerk
U.S. Environmental Protection Agency
Region 4
Atlanta Federal Center
100 Alabama St., S.W.
Atlanta, Georgia 30303
and
Ms. Susan J. Pope
Clean Water Act Enforcement Section
Water Programs Enforcement Branch
Water Management Division
U.S. Environmental Protection Agency
Region 4
Atlanta Federal Center
100 Alabama St., S . W.
Atlanta, Georgia 30303
C) Failure by Respondent to pay the penalty assessed by
this Consent Agreement and Consent Order in full by its due date
may subject Respondent to a civil action to collect the assessed
penalty, plus interest, attorney’s fees, costs, and an additional
quarterly nonpayment penalty pursuant to Section 309(g)(9) of the
Act, 33 U.S.C. Section 1319(g)(9). In any such collection
action, the validity, amount and appropriateness of the $25,000
penalty shall not be subject to review.
d) Pursuant to the EPA Policy on the use of SEPs in
enforcement settlements, Respondent will undertake a SEP, which
the parties agree is intended to secure significant environmental
or public health protection and improvements. Through the SEP , a
pollution reduction project, Respondent will work to reduce the
-------
6
amount of oil and grease in the waste stream which is discharged
from its current Outfall 003 by designing and building a
protective covering over its railcar containment area. A
complete description of the SEP and workplan, as provided by
Respondent, is attached hereto and incorporated by reference.
e) Within fifteen (15) days of the effective date of this
Consent Agreement and Consent Order, Respondent shall postmark
and submit monthly progress reports beginning March 15, 1997, and
every thirty (30) days thereafter until the project is completed.
The project shall be completed by May 1, 1997.
f) Within ten (10) days of completion of the project or no
later than May 11, 1997, Respondent shall submit a SEP
Completion Report to EPA. The SEP Completion Report shall
contain the following information:
(i) a detailed description of the SEP as implemented;
(ii) a description of any operating problems
encountered and the solutions thereto;
(iii) itemized costs, to the extent billed, documented
by copies of purchase orders and receipts or
cancelled checks;
(iv) certification that the SEP has been fully
implemented pursuant to the provisions of this
Consent Agreement and Consent Order;
(v) a description of the environmental and public
health benefits anticipated from implementation of
the SEP (with a quantification of the benefits and
pollutant reductions, if feasible).
g) Respondent agrees that failure to submit the SEP
Completion Report or any Progress Report required above shall be
deemed a violation of this Consent Agreement and Consent Order
-------
7
and Respondent shall become liable for stipulated penalties as
set forth below in paragraph 6.j.
h) Respondent shall maintain legthle copies of
documentation of the underlying research and data f or any and
all documents or reports submitted to EPA pursuant to this
Consent Agreement and Consent Order, and Respondent shall provide
the documentation of ny such underlying research and data to EPA
within seven (7) days of a request for such information. In all
documents or reports, including, without limitation, the SEP
Report, submitted to EPA pursuant to this Consent Agreement and
Consent Order, Respondent shall, by its designated officer, sign
and certify under penalty of law that the information contained
in such document or report is true, accurate, and not misleading,
by signing the following statement:
I certify under penalty of law that I have
examined and am familiar with the information submitted
in this document and all attachments and that, based on
my inquiry of those individuals immediately responsible
for obtaining the information, I believe that the
information is true, accurate, and complete. I am
aware that there are significant penalties for submitting
false information, including the possibility of fines and
imprisonment.
i) Following receipt of the SEP Report, EPA will do one of
the following: (i) accept the SEP Report; (ii) reject the SEP
Report, notify Respondent, in writing, of deficiencies in the SEP
Report and grant Respondent an additional thirty (30) days in
which to correct any deficiencies; or (iii) reject the SEP Report
and seek stipulated penalties in accordance with Paragraph 6.j,
herein. If EPA elects to exercise option (ii) of this Paragraph,
-------
8
EPA shall permit Respondent the opportunity to object in writing
to the notification of deficiency or disapproval given pursuant
to this paragraph within ten (10) days of receipt of such
notification. EPA and Respondent shall have an additional thirty
(30) days from the receipt by EPA of the notification of
objection to reach agreement. If agreement cannot be reached on
any such issue withiri’this thirty (30) day period, EPA shall
provide a written statement of its decision to Respondent, which
decision shall be final and binding upon Respondent. Respondent
agrees to comply with any requirements imposed by EPA to correct
any such deficiency. In the event the SEP is not completed as
provided for herein, as determined by EPA, stipulated penalties
shall be due and payable by Respondent to EPA in accordance with
paragraph 6.j, below.
j) In the event that Respondent fails to comply with any
of the terms or provisions of this Order relating to the
performance of the SEP and/or to the extent that actual
expenditures for the SEP do not equal or exceed the cost of the
SEP described above, Respondent shall be liable for stipulated
penalties according to the provisions set forth below;
(i) Except as provided in subparagraph (ii)
immediately below, if all of the tasks in the SEP have not been
completed satisfactorily, as determined by EPA, Respondent shall
pay a stipulated penalty to the United States in the amount of
$44,000. For purposes of this section, Respondent will be deemed
to have completed the SEP if it completes all of the tasks listed
-------
9
on the SEP work plan, to the satisfaction of EPA, by May 1, 1997,
or by any later date specifically allowed by EPA and Respondent
certifies in the SEP Completion Report that the canopy covering
substantially reduces contact between rain water and the metal
chips in the railcar containment area.
(ii) If the SEP work plan is not completed
satisfactorily, but R’ spondent: a) made good faith and timely
efforts to complete the project; and b) certifies, with
.3upporting documentation, that at least 90 percent of the amount
of money which was required to be spent was expended on the SEP ,
Respondent shall not pay any stipulated penalty.
(iii) If the SEP work plan is satisfactorily
completed, but Respondent spent less than 90 percent of the
amount of money required to be spent for the project, Respondent
shall pay a stipulated penalty to the United States in the amount
of $11,000.
(iv) If the SEP is satisfactorily completed and
Respondent spent at least 90 percent of the amount of money
required to be spent for the project, Respondent shall not pay
any stipulated penalty.
(v) For failure to submit the SEP Completion Report
required above, Respondent shall pay a stipulated penalty in the
amount of $50.00 for each day after May 11, 1997, until the
report is submitted. If EPA determines that Respondent must pay
the penalty set forth in Ci) (i), above, then Respondent will not
be responsible for payment of this penalty for failure to submit
-------
10
the SEP Completion Report.
(vi) For failure to submit any other report required
above, Respondent shall pay a stipulated penalty in the amount of
$50.00 for each day after the report was originally due until the
report is submitted.
k) The determinations of whether the tasks in the SEP work
plan have been satisfactorily completed and whether Respondent
has made a good faith, timely effort to implement and complete
the SEP shall be in the sole discretion of EPA.
1) Stipulated penalties for j)(v) and j(vi), above, shall
begin to accrue on the day after performance is due, and shall
continue to accrue through the final day of completion of the
activity.
m) Respondent shall pay stipulated penalties within
fifteen (15) days of receipt of written demand by EPA for such
penalties. Method of payment shall be in accordance with the
provisions of paragraphs 6.a and 6.b, above. Interest and late
charges shall be paid as stated in paragraph 6.n, below.
n) Pursuant to 31 U.S.C. § 3717, EPA is entitled to assess
interest and penalties on debts owed to the United States and a
charge to cover the cost of processing and handling a delinquent
claim. Interest will therefore begin to accrue on a civil or
stipulated penalty if it is not-paid by the last date required.
Interest will accrue on the penalty at the rate established by
the Secretary of the Treasury pursuant to 31 U.S.C. Section 3717.
A late payment handling charge of $20.00 will be imposed after
-------
11
thirty days, with an additional charge of $10.00
dollars for each subsequent 30-day period over which an unpaid
balance remains. In addition, a six percent (6%) per annum
penalty will be applied on any principal amount not paid within
ninety (90) days of the effective date of this Order.
0) Any public statement, verbal or written, made by
Respondent, making rejference to the SEP shall include the
following language: “This project was undertaken in connection
with the settlement of an administrative civil enforcement action
taken by the U.S. Environmental Protection Agency for violation
of the Clean Water Act.”
p) This Consent Agreement and Consent Order shall not
relieve Respondent of its obligation to comply with all
applicable provisions of federal, state or local law, nor shall
it be construed to be a ruling on, or determination of, any issue
related to any federal, state or local permit, nor shall it be
construed to constitute EPA approval of the equipment or
technology installed by Respondent in connection with the SEP
under the terms of this Order.
q) Respondent hereby certifies that, as of the effective
date of this Consent Agreement and Consent Order, Respondent is
not required to perform or develop this SEP by any federal, state
or local law or regulation; nor-is Respondent required to perform
or develop the SEP by agreement, grant, or as injunctive relief
in this or any other case or in compliance with state or local
requirements. Respondent further certifies that Respondent has
-------
12
not received, and is not presently negotiating to receive, credit
in any other enforcement action for the SEP.
r) Whether Respondent has complied with the terms of this
Consent Agreement and Consent Order as herein required shall be
the sole determination of EPA.
s) Respondent enters into this project in good faith and
with the intention oLcompleting it. Respondent may request from
Complainant an extension of time for the completion date for any
requirement herein due to reasonably unforeseeable delays.
Respondent shall bear the burden of proving that any delay was
caused by reasonably unforeseeable circumstances beyond the
control of Respondent. Complainant may grant any such extension
request resulting from events outside of Respondent’s control.
IV. GENERAL PROVISIONS
7) The provisions of this Consent Agreement and Consent
Order shall be binding upon Respondent and its officers,
directors, successors and assigns.
8) This Consent Agreement and Consent Order does not
constitute a waiver, suspension or modification of the
requirements of the Clean Water Act, 33 U.S.C. Sections 1251
g., or any regulation promulgated thereunder.
9) Each signatory party shall bear its own costs and fees
associated with this action. -
10) For purposes of federal income taxation, Respondent
shall not be entitled to, and agrees not to, claim a deduction
for any penalty payment made pursuant to this Consent Agreement
-------
13
and Consent Order.
11) This Consent Agreement and Consent Order constitutes a
full settlement of the violations addressed by the Complaint.
V. RESERVATION OF RIGRTS
12) The United States specifically reserves all rights to
pursue criminal enforcement as well as the right to initiate an
action for inm%inent a d substantial endangerment, including the
right to seek injunctive relief and/or the imposition of
statutory penalties for those violations not addressed by the
Consent Agreement and Consent Order. This reservation of rights
does not waive any other rights the United States may have but
has not stated herein.
VI.
WE DA!1 E
13) This Consent Agreement and Consent Order shall become
effective thirty (30) days after the date of issuance noted
below.
EMERSON ELECTRIC
Date: 4( 4i L iqq
U.S. ENVIRONMENTAL PROTECTION AGENCY
Issued this ____________ day of
mflP c.H , 199s .
Robert F. McGhee, Director
Water Management Division
U.S. EPA Region 4
Authorized Representative of
Respondent
-------
CERTIFICATE OF SERVICE
I certify that on the date noted below, I hand delivered the
original of the foregoing “CONSENT AGREEMENT AND CONSENT ORDER”
to the Regional Hearing Clerk, Region 4. Further, I certify that
on the date noted below I sent, by certified mail, return receipt
requested, a copy of this “CONSENT AGREEMENT AND CONSENT ORDER”
to the following persons at the addresses listed below:
Mr. Charles Lominac
Plant Manager -
Emerson Electric Company
Route 7 Box 924
Oxford, Mississippi 38655
Mr. Harold J. Lamboley, Jr.
Vice President
Emerson Electric Company
Route 7 Box 924
Oxford, Mississippi 38655
Ms. Anita J. Cicero, Attorney
Shaw, Pittman, Potts and Trowbridge
2300 N Street, N.W.
Washington, D.C. 20037-1128
Mr. Barry Royals, Director
Surface Water Quality Division
Mississippi Department of Environmental Quality
Post Office Box 10385
Jackson, Mississippi 39289-0385
31/3/97 c
DATE Susan Pope
Enforcement Officer
US EPA Region 4
-------
Pollution Prevention SEP: Construction of Protective Cover over the Railcar
Containment Area Associated with Emerson’s Outfall 003
A. Project Description
Emerson’s proposed SEP is a pollution prevention project which is developed to reduce
the amount of oil and grease in the waste stream which is discharged through Emerson’s Outfall
003. The project’s goal is to provide significant environmental benefits by improving the quality
of the effluent and decreasing the amount of pollution released to the environment.
Outfall 003 serves as a discharge point for treated stormwater from the southwest portion
of the facility property, including the lamination scrap conveyor and the scrap metal transfer and
storage area. By way of background, scrap metal chips (also referred to as “steel offal”) from
Emerson’s lamination stamping operation exit the facility on conveyors which unload onto a sin-
gle conveyor running parallel to the west wall of the facility. This conveyor increases in eleva-
tion and eventually unloads the metal chips into railcars which are staged on a spur track adjacent
to the conveyor. The railcar area is currently exposed to the elements, so rainwater comes in di-
rect contact with the chips, thereby rinsing off at least some of the oil and grease from the metal
chips. Precipitation and oil from the railcar area drain to a concrete trough and underground pip-
ing system where they are collected and diverted into a sediment collection chamber, where
floating oil is removed by a skimmer and sediment settles out by gravity. The stormwater then
flows into a 2,000 gallon oillwater separator and discharges through Outfall 003 into a dry ditch.
Emerson’s proposed supplemental project involves designing and building a protective
covering over the railcar containment area. The purpose of this structure is to reduce the amount
of rainwater and oil entering into the oil/water separator by diverting precipitation from the rail-
cars. By reducing contact between precipitation and the metal chips, Emerson will reduce not
only the flow of stormwater requiring treatment, but will also reduce the pollutant concentration
in the remaining runoff prior to treatment and discharge.
Emerson proposes that the canopy covering be constructed of metal and have approxi-
mate dimensions of 18 feet in width by 220 feet in length and 20 feet in height. It is estimated
that the company could complete this project by May 1, 1997 at a capital cost of approximately
sl00,000
B. Environmental Benefits
The environmental benefits to be derived from this SEP are obvious. The canopy will re-
duce the potential for contact between stormwater and oily metal chips. Therefore, the canopy
will reduce the oil and grease contained in runoff from the railcar area, reducing pollutants at
their source and decreasing the amount of pollutants discharged through Outfall 003 The can-
opy will effectively divert stormwater from the collection area around the railcars, decreasing the
quantity of stormwater requiring treatment through Outfall 003. Upon project completion, the
oil/water separator will be handling a significantly reduced quantity and concentration of storm-
water and oil
-------
As you are aware from Emerson’s correspondence to Bob McCann on December 6, 1995,
Emerson has already incurred great expense in upgrading its metal chip conveyor belt system by
replacing the old conveyor in the summer of 1995 and constructing a new fabricated aluminum
roof over the entire conveyor system in order to reduce the exposure of the metal chips on the
conveyor belt to rainwater. These past pollution prevention activities made it possible for the
company to achieve its improved compliance rate with the oil and grease effluent limitations
contained in the company’s NPDES permit. The proposed railcar canopy is a supplemental pol-
lution prevention project designed to even further reduce the amount of pollutants at their source
before the discharge flows through the oil/water separator and Outfall 003.
C. Compliance with EPA’s SEP Policy
This second proposed SEP complies with all of the requirements and guidelines of the
SEP policy. Because [ set forth the definitional requirements and legal guidelines in section I.C
of this letter, I will not restate them here, but will instead focus on why this pollution prevention
SEP is consistent with those requirements. The construction of a protective covering over the
railcar containment area fits the definition of an acceptable SEP, because it is an environmentally
beneficial project (as explained above) which Emerson seeks to perform as part of a settlement of
the pending action. Emerson is not otherwise legally obligated to perform this project, and the
project certainly does not reduce either the stringency or timeliness requirements of any federal
or state environmental statutes and regulations.
This pollution prevention SEP also meets all of the legal guidelines of the SEP policy.
First, there is a perfect nexus between the reduction of the amount of oil and grease entering the
oil/water separator and the oil and grease exceedences from Outfall 003 identified by EPA in the
administrative complaint. Second, the project advances the primary objective of the Clean Water
Act by avoiding any degradation of water quality which may result from the presence of higher
levels of oil and grease in Emerson’s discharge. As is the case with the proposed pollution reduc-
tion SEP, this SEP will not require EPA to manage any funds set aside for the project or to con-
trol the performance of the project. Nor does this SEP act to supplement EPA appropriations by
undertaking activities which the Agency itself is required to perform. Finally, Emerson under-
stands that in order to obtain credit for this SEP in the administrative action, the project will be
described in and controlled by a signed negotiated settlement agreement in this matter
* * * *
40q063.fll IDOCSDCI
-------
Supplemental Environmental Project (SEPI Work Plan
Emerson Electric Co.
Oxford. Mississippi
NPDES Permit No. MS000048. Outfall 003
This work plan (Plan) provides a description of the tasks to be completed for design and
construction of a protective covering for Emerson’s lamination scrap metal railcar containment
area adjacent to the lamination scrap metal conveyor system. The Plan consists of three parts:
task list, schedule and budget. The Plan will be utilized by Emerson for tracking progress and
satisfactory completion of construction.
1. Task List
Preconstruction Phase
Services during this phase include preparing a project description showing the character and
extent of the project. The project description will be used to solicit bids, secure project funding,
and to enter into a construction contract.
• Prepare preliminary project description
• Preliminary description approved by Emerson
• Complete pre-bid walk-through
• Solicit contractor bids
• Select contractor
Construction Phase
Services during this phase include construction and oversight of construction activities,
reviewing submittals and shop drawings to determine substantial conformance to the project
intent, administering contract documents, and recording changes or modifications to the SEP.
• Prepare monthly status reports
• Contractor pre-mobilization activities
Order materials
• Contractor mobilization
• Install concrete footings to reinforce and square-up canopy area
• Install structural steel and 26 gauge sheet metal with red oxide primer and precoated finish
• Complete sealing/coating
Project Closeout
Services during this phase include all postconstruction documentation, record drawings,
reporting, and contract closeout including final payment.
• Contractor submits final invoice and certificate of substantial completion
-------
2
• Prepare contractors punchlist
• Contractor completes punchlist items and verifies cover performance
• Emerson issues authorization for final payment
• Prepare and submit SEP Completion Report
• Detailed description of the SEP
• Description of problems encountered and their solutions
• Documentation of itemized costs to the extent billed
• Certification
• Description of the anticipated environmental and public health benefits
2. Schedule
I k
Preconstruction Phase
Construction Phase
Project Closeout
3. Budget
Task Start
November 1, 1996
December 17, 1996
May 1, 1997
Task Finish
January 2, 1997
May 1, 1997
May 11, 1997
The project budget is $100,000.
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
IN THE MATI’ER OF: ) Docket No. CWA-IV 96-505
City of Sarasota ) Proceeding to Assess Class
Post Office Box 1058 ) II Administrative Penalty
Sarasota, Florida 34230 ) Under Clean Water Act,
Section 309(g)
CONSENT AGREEMENT AND CONSENT ORDER
I. Statutory Authority
1. This Consent Agreement and Consent Order is issued under
the authority vested in the Administrator of the U.S.
Environmental Protection Agency (“EPA”) by Section 309(g) (2) (B)
of the Clean water Act (“Act”), as amended, 33 U.S.C.
§ 1319 (g) (2) (B). The Administrator has delegated this authority
to the Regional Administrator of EPA Region 4. In accordance
with the “Consolidated Rules of Practice Governing the
Administrative Assessment of Civil Penalties and the Revocation
or Suspension of Permits,” 40 C.F.R. Part 22, as amended (“Part
22”), the Regional Administrator hereby issues this Consent
Agreement and Consent Order.
II. Stthulations and Findings
Respondent, by its authorized representative, stipulates and
EPA finds as follows:
2. On June 18, 1996 EPA issued an Administrative Complaint,
Docket No. CWA-IV 96-505, pursuant to Section 309(g) (2) (B) of the
Act, 33 U.S.C. §1319(g) (2) (B), alleging that Respondent violated
Section 301(a) of the Act, 33 U.S.C. § 1311(a), and proposing
that Respondent pay a civil penalty of $125,000.
-------
2
3. The Administrative Complaint alleges that from June 1991
through December 1993 Respondent discharged pollutants into
Sarasota Bay, a navigable water of the United States, without a
valid National Pollutant Discharge Elimination System permit
issued pursuant to Section 402 of the Act, 33 U.s.c.
§ 1342.
4. Respondent admits the jurisdictional allegations in the
Administrative Complaint and neither admits nor denies the
specific violations alleged in the Administrative Complaint.
Respondent waives its right to a hearing under Section
309(g) (2) (B) of the Act, 33 U.S.C. § 1319(g) (2) (B), and to appeal
this Consent Agreement and Consent Order under Section
309(g) (8) (B) of the Act, 33 U.S.C. § 1319(g) (8) (B).
III. Su p1ementa1 Environmental Prolect
5. Respondent shall undertake the following Supplemental
Environmental Project (“SEP”), which the parties agree is
intended to secure significant environmental benefit. No later
than December 31, 1997 Respondent shall acquire title to land
adjacent to Hog Creek east of U.S. Highway 41 for inclusion in
the Hog Creek Habitat Restoration Project (“Restoration Project”)
being jointly developed by Respondent, the Sarasota Bay National
Estuaries Program and the Florida Department of Environmental
Protection to enhance the Hog Creek storm water drainage system,
including the construction and rehabilitation of an inter-tidal
wetland habitat area at the mouth of the creek. Specifically,
-------
3
Respondent shall acquire title to parcel 2025-12-0025 as
indicated on Exhibit A (“Property ’).
6. Respondent shall use the Property only as part of a
wetland area for purposes of stormwater control, water quality
improvement, recreation and other purposes consistent with the
Restoration Project. Respondent shall make no improvements to
the Property, except for those fully consistent with these
purposes. Respondent’ shall not sell or donate the Property
unless the purchaser or donee agrees in writing to maintain the
Property in a condition consistent with these purposes.
7. Respondent shall pay at least $60,000 to acquire title
to the Property, excluding administrative costs and any costs
associated with legal proceedings.
8. Respondent hereby certifies that, as of the date of this
Consent Agreement, Respondent is not required to perform or
develop the SEP by any federal, state or local law or regulation;
nor is Respondent required to perform or develop the SEP by
agreement, grant or as injunctive relief in any other case or in
compliance with state or local requirements. Respondent further
certifies that Respondent has not received, and is not
negotiating to receive, credit in any other enforcement action
for the SEP.
9. No later than January 31, 1998, Respondent shall provide
Complainant with a SEP Completion Report stating that the SEP has
been implemented. The report shall include documentation showing
that Respondent has acquired title to the Property and that it
-------
4
paid (or deposited as described below) at least $60,000 for it.
If title to the Property has been acquired by eminent domain, but
the value of the Property has not been determined by January 31,
1998, Respondent may demonstrate that it has paid $60,000 by
submitting the following: (1) a copy of a Declaration of Taking
filed in the eminent domain action pursuant to Fla. Stat.
§ 74.031 making a good faith estimate that the value of the
Property is an amountno less than $60,000; and (2) documentation
showing that Respondent has deposited at least that amount with
the registry of the court pursuant to an order under Fla. Stat.
§ 74.051(2).
10. (a) In the event that Respondent fails to comply with
any of the terms of the SEP , including its failure to pay at
least $60,000 for the Property, it shall pay a stipulated penalty
to the United States in the amount of $16,000, except as set
forth below:
(i) If the SEP is fully and timely completed and
Respondent Daid at least $54,000 for the Property, Respondent
shall not pay any stipulated penalty.
(ii) If the SEP is not fully and timely
completed, but Respondent made good faith and timely efforts to
do so and Respondent paid at least $54,000 for the Property,
Respondent shall not pay any stipulated penalty.
(iii) If the SEP is fully and timely completed,
but Respondent paid less than $54,000 for the Property,
-------
5
Respondent shall pay a stipulated penalty to the United States in
the amount of $4,000.
(iv) For failure to timely submit the SEP
Completion Report, Respondent shall pay a stipulated penalty in
the amount of $100 for each day after the due date until the
report is submitted.
(b) The determination of whether the SEP has been fully
and satisfactorily completed and whether Respondent has made a
good faith effort and timely effort to implement the SEP shall be
in the sole discretion of EPA.
(C) Respondent shall pay stipulated penalties within
fifteen (15) days of receipt of written demand by EPA for such
penalties. The method of payment shall be those set out in
paragraph 11.
IV. Penalty and Consent Order
11. Based on the forgoing and under the authority of
Section 309 (g) (2) (B) of the Act, 33 U.S.C. § 1319(g) (2) (B), EPA
HEREBY ORDERS D RESPONDENT HEREBY CONSENTS, that:
(a) No later than thirty (30) days after the effective
date of this Consent Agreement and Consent Order as defined in
Section VII, Respondent shall submit a money order or a cashier’s
or certified check in the amount of $28,800 payable to
“Treasurer, United States of America” to:
EPA Region 4
P.O. Lock Box 100142
Atlanta, Georgia 30384
-------
6
(b) Respondent shall note on the penalty payment check
or money order the title and docket nuither of this case.
Respondent shall submit copies of the check or money order to the
following persons:
Ms. Julia Mooney
Regional Hearing Clerk
U.S. Environmental Protection Agency
Region 4
100 Alabama Street, S.W.
Atlanta, Georgia 30303
and
Ms. Susan J. Pope
Clean Water Act Enforcement Section
Water Programs Enforcement Branch
Water Management Division
U.S. Environmental Protection Agency
Region 4
100 Alabama Street, S.W.
Atlanta, Georgia 30303
12. Failure b Respondent to comply with any provision of
this Consent Agreement and Consent Order may subject Respondent
to a civil action to collect the assessed penalty, plus interest,
attorney’s fees, costs and an additional quarterly nonpayment
penalty pursuant to Section 309(g) (9) of the Act, 33 U.S.C.
Section 1319 (g) (9) . In any such collection action, the validity,
amount and appropriateness of the $28,800 penalty shall not be
subject to review.
V. General Provisions
13. The provisions of this Consent Agreement and Consent
Order shall be binding upon Respondent, its agents, servants and
employees.
-------
7
14. This Consent Agreement and Consent Order does not
constitute a waiver, suspension or modification of the
requirements of the Clean Water Act, 33 U.S.C. Sections 1251
.q., or any regulation promulgated thereunder.
15. Each party shall bear its own costs and fees associated
with this action.
16. For purposes of federal income taxation, Respondent
shall not be entitled to, and agrees not to, claim a deduction
for any penalty payment made pursuant to this Consent Agreement
and Consent Order.
VI. Effect of Agreement and Reservation of Rights
17. The United States specifically reserves all rights to
pursue criminal enforcement as well as the right to initiate an
action for imminent and substantial endangerment, including the
right to seek injunctive relief and/or the imposition of
statutory penalties. This reservation of rights does not waive
any other rights the United States may have but has not stated
herein.
18. Without limiting the above reservation of rights, the
parties agree that, by entering into this Consent Agreement and
Consent Order, performance and payment by Respondent under the
terms of the Consent Agreement and Consent Order are in full
satisfaction of all violations alleged in the Administrative
Complaint, Docket No. CWA-IV 96-505.”
-------
8
VII. Effective Date
19. This Consent Agreement and Consent Order shall become
effective thirty (30) days after the date of issuance noted
below.
For Respondent:
,.- ., CITY OF SARASOTA, FLORIDA
Date: V/7 / 7 .; tA’(I4
Name/Title Mollie C. Cardamone, Mayor
Authorized Representative
Complainant:
Date: Al R 18 ,f 4’
Robert F. McGhee, Director
Water Management Division
U.S. EPA, Region 4
Issued this I8H day of / ‘ I — / , 1997.
/...‘/
, /7/. //f
“ John H. Hankinson, Jr .
Regional Administrator
U.S. EPA, Region 4
-------
Lots 1, 2, 3, 4 and 5, Block B, David Newton
Resubdivision, as per plat thereof recorded in
Plat Book 2, Page 144, of the Public Records
of Sarasota County, Florida
EXHIBIT A
-------
Docket No. 96-505
CERTIFICATE OF SERVICE
I certify that on the date noted below, I hand delivered the
original of the foregoing “CONSENT AGREEMENT AND ORDER ASSESSING
ADMINISTRATIVE PENALTIES’ to the R gional Hearing Clerk,
Region 4. Further, I certify that on the date noted below I
sent, by certified mail, return receipt required, a copy of this
“CONSENT AGREEMENT AND ORDER ASSESSING ADMINISTRATIVE PENALTY” to
the following persons at the addresses listed below:
Honorable Mollie C. Cardamone
Mayor of Sarasota
P. 0. Box 1058
Sarasota, FL 34230-1058
Mr. Todd W. Read
Gilbert & Kurent
1250 Eye Street, NW
Washington, D.C. 20205
Ms. Virginia B. Wetherell
Secretary
Florida Department of Environmental Protection
2600 Blair Stone Road
Tallahassee, FL 32399
Mr. Carl C. Charneski
Admlnistrative Law Judge
U.S. EPA, Mail Code AllO
401 H Street, SW
Washington, D.C. 20460
Dated: ________________
Susan J. PopeY Enforcement Officer
U.S. EPA Region 4
61 Forsyth Street, SW
Atlanta, Georgia 30303
-------
N
-------
NPDES
OTHER MODEL ADMINISTRATIVE DOCUMENTS
(IN HARD COPY ONLY)
-------
UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
IN THE MATTER OF:
Buckeye Florida, L.P., ) NPDES PERMIT NO.
FL0000876
Permittee.
EVIDENTIARY HEARING REQUESTS OF:
Buckeye Florida, L.P.,
Florida Pulp and Paper Association,
and Help Our Polluted Environment.
INDEX TO ADMINISTRATIVE RECORD
I tern
Number Document Description
1. Application for NPDES permit dated October 29, 1982
2. Application for a water quality exemption dated 2/27/84
and an EPA approval letter dated 3/16/84.
3. Fact sheet dated 4/18/84
4. Amendment to fact sheet, dated 6/6/84
5. Letter from Florida DER dated 6/7/84 issuing State
certification
6. Final NPDES permit number FL0000876 issued to The
Buckeye Cellulose Corporation and transmittal letter,
both dated 6/25/84.
7. Amendment to fact sheet at time of permit issuance,
dated 6/25/84
8. Minor modification:
a. Letter from applicant to EPA dated 9/28/88
informing of a change in the owner’s name from The
Buckeye Cellulose Corporation to The Procter &
Gamble Cellulose Company.
b. Letter from EPA to the applicant dated 12/15/88
modifying the NPDES permit to show name change
c. Permit cover sheet, dated 6/25/84, modified to
reflect the ownership change.
-------
2
9. Permit renewal application and transmittal letter, both
dated 12/21/88
10. State—issued final permit to The Procter & Gamble
Cellulose Company dated 7/27/90
11. Miscellaneous correspondence regarding the drafting of
the NPDES permit:
a. Handwritten notes from 12/13/88 meeting between
EPA and the applicant
b. Letter from EPA to the applicant dated 2/2/89,
verifying receipt of the application and the
permit renewal
c. Internal correspondence dated 10/3/90 requesting
7Q10 and average annual flow data
d. Response to 10/3/90 correspondence dated 11/7/90
e. Internal correspondence dated 12/18/90 asking for
assistance in completing the draft NPDES permit
f. Internal correspondence dated 3/14/91 offering
additional data for draft NPDES permit
12. Applicant’s comments on draft permit, dated 7/8/91
13. Revised draft NPDES permit, dated 7/11/91
14. Fact sheet dated 7/11/91 for revised draft permit
15. Public notice dated 7/11/91 for revised draft permit
16. Letter from EPA to applicant dated 7/11/91 notifying
applicant of public notice and requesting comments
17. Miscellaneous public hearing materials:
a. 58 requests for a public hearing from the general
public
b. Letter from State Representative David Flagg to
EPA dated 8/6/91 requesting a public hearing
c. Letter from EPA to Representative David Flagg
dated 8/21/91 notifying him of the date of the
public hearing and meeting
18. Miscellaneous letters requesting information on the
draft permit
-------
3
19. Letter from EPA to FL DER dated 8/2/91 requesting State
certification
20. Waiver of State certification dated 8/5/91
21. Applicant’s comments dated 8/9/91 on revised draft
permit, dated 7/11/91
22. Letter from EPA to applicant dated 8/14/91 notifying
applicant of public meeting/hearing
23. Public comments:
a. Miscellaneous public comments dated 4/3/91 through
9/5/92, including Letter to Connie Raines from
HOPE dated 9/30/91;
b. EPA received 362 separate cards supporting
applicant’s receiving water class V stream
classification. A photocopy of a sample card is
in the record; each individual card is in the
permit file.
c. EPA received 229 forms that were printed in a
newspaper, filled out by the public, and submitted
to EPA. Seven of these were in favor of an
immediate stream reclassification and 222
supported applicant’s position. A photocopy of a
sample form is included in the record; individual
forms are in the permit file.
d. EPA received 21 identical letters, dated 7/29/91,
contesting several permit conditions. A photocopy
of a sample letter, from Joy Towles Cummings, is
included in the record; individual forms are in
the permit file.
e. Comments by Florida Pulp and Paper Association
(FPPA), dated 8/9/91
f. Internal FDER Memorandum from Howard L. Rhodes
to Water Program Administrators, dated 9/28/89,
concerning New Antidegradation Requirements
g. Petition for Promulgation of Revised Designated
Uses of the Fenholloway River, by the Legal
Environmental Assistance Foundation (LEAF)
dated 6/28/91, with accompanying affidavits
h. Letter to Connie Raines, EPA from LEAF
dated 6/28/91, with accompanying exhibits
-------
4
i. Letter to EPA Administrator Reilly from LEAF
dated 7/24/91 regarding promulgation of
a revised designated use for the Fenholloway
River, attaching article from Tallahassee
Democrat, dated 7/21/91
j. Letter to Alice Crosby, Public Notice
Officer, from LEAF dated 8/8/91, submitting
comments on the draft NPDES permit, with
accompanying affidavits and exhibits
k. Letter to Mike McGhee, Water Management
Division from LEAF dated 8/29/91
concerning the reclassification of the
Fenholloway River
1. Letter to Alice Crosby, EPA Public Notice
Coordinator from LEAF, dated 9/25/91
supplementing its comments on the permit
with accompanying exhibits
m. Letter to Alice Crosby, EPA Public Notice
Coordinator from LEAF, dated 9126/91
providing additional affidavits re:
recreational uses of Fenholloway River
24. Letter from applicant to EPA dated 9/25/91 commenting
on the revised draft permit dated 7/11/91.
25. Public hearing held on 9/19/91 in Perry, Florida
26. EPA’s written responses (undated) to applicant’s 8/9/91
and 9/25/91 comments
27. Letter from National Oceanic and Atmospheric
Administration dated 9/26/91 with 12 studies attached
that were referenced in comments that were submitted
8/2/91
28. EPA’s written responses (undated) to written and verbal
comments submitted by the general public
29. Applicant’s comments dated 12/11/91 on State
certification waiver
30. Public notice of permit issuance, dated 6/26/92
31. Letter from EPA to applicant dated 6/26/92 notifying of
permit issuance. Certified mail return receipt
included.
-------
5
32. Final NPDES permit number FL0000876 issued to Procter &
Gamble Cellulose Company dated 6/26/92
33. Fact sheet amendment dated 6/26/92
34. Additional public notice of permit issuance, dated
7/9/92
35. Minor modifications:
a. Miscellaneous correspondence between EPA and the
permittee regarding an ownership change, dated
1/21/93 through 3/16/93
b. Letter from EPA to permittee dated 3/16/93 making
a minor modification in the NPDES permit in order
to change the owner from Procter & Gamble
Cellulose Company to Buckeye Florida, L.P.
c. Modified coversheets for the 6/25/84 and 6/26/92
permits indicating the ownership change.
36. Miscellaneous permit compliance information:
a. Letter from applicant to EPA dated 9/29/88
submitting dioxin data
b. Letter from EPA to applicant dated 1/23/89
requesting additional monitoring
c. Letter from applicant to EPA dated 1/18/90
submitting dioxin data
d. NOAA assessment dated 1/28/91 of seagrass loss at
mouth of applicant’s receiving water
e. Applicant’s DMR data dated 9/13/9 1
-------
UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
IN THE MATTER OF:
Buckeye Florida, L.P., ) NPDES PERMIT NO.
FL0000876
Permittee.
EVIDENTIARY HEARING REQUESTS OF:
Buckeye Florida, L.P.,
Florida Pulp and Paper Association,
and Help Our Polluted Environment.
CERTIFICATION OF ADMINISTRATIVE RECORD
Be it acknowledged that I, ROBERT F. McGHEE, am employed as
Director of the Water Management Division of the United States
Environmental Protection Agency, Region 4.
I certify that the documents compiled and indexed herewith
are all the documents comprising the Administrative Record of the
events and information leading to the Agency’s issuance on June
26, 1992 of the Final NPDES Permit No. FL 0000876.
Dated: ______________ _____________________
ROBERT F. McGHEE
-------
UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
IN THE MATTER OF:
Buckeye Florida, L.P., ) NPDES PERMIT NO.
FL0000876
Permittee.
EVIDENTIARY HEARING REQUESTS OF:
Buckeye Florida, L.P.,
Florida Pulp and Paper Association, )
and Help Our Polluted Environment.
REGIONAL ADMINISTRATOR’S DESIGNATION OF
AGENCY TRIAL STAFF AND DECISIONAL BODY
In accordance with the provisions of 40 C.F.R. §S124.77 and
124.78, the following persons are designated as members of the
Agency Trial Staff and Decisional Body, for purposes preventing
ex parte communications:
Agency Trial Staff
Gwendolyn Fitz-Henley
Kathleen L. Wilde
Kevin Smith
Craig Higgason
Gracy Danois
Dee Stewart
Marshall Hyatt
Roosevelt Childress
Fritz Wagener
Jim Greenfield
Jim Harrison
John Deatrick
Tom McGill
Environmental Protection Agency
345 Courtland St., N.E.
Atlanta, GA 30365
Jerry Stober
Mark Kanig
Tom Cavendar
Environmental Protection Agency
Athens, GA 30613
Frances Folkes
Environmental Protection Agency
Cinc inatti
-------
2
Teresa Norberg-King
Phillip Cook
Environmental Protection Agency
Duluth, MN
William Farland
William Telliard
Environmental Protection Agency
Washington, D.C.
Steve Wolfe
Landon Ross
Florida Department of Environmental Regulation
Tallahassee, FL
EPA reserves the right to supplement this list as necessary
during the course of the proceedings.
Decisional Body:
Judge J.F. Greene
Environmental Protection Agency
401 M Street, S.W.
Washington, D.C. 20460
The Members of the Environmental Appeals Board
Environmental Protection Agency
401 M Street, S.W.
Washington, D.C. 20460
Mr. John H. Hankinson, Jr.
Regional Administrator
Environmental Protection Agency, Region 4
345 Courtland Street, N.E.
Atlanta, GA 30365
Ms. Carol Browner
Administrator
Environmental Protection Agency
401 M Street, S.W.
Washington, D.C. 20460
Dated: _________________ _________________________________
John H. Hankinson, Jr.
Regional Administrator
-------
“
v I
t ..____ (S
IN THE UNITED STATES COURT OF AP EA t
FOR THE ELEVENTH CIRCUIT
HELP OUR POLLUTED ENVIRONMENT OF
TAYLOR COUNTY, FLORIDA, )
)
Petitioner,
V.
No. 93—2981
JOHN H. HANKINSON, JR., REGIONAL )
ADMINISTRATOR, ) DECLARATION OF
W. RAY CUNNINGHAM
United States Environmental )
Protection Agency, Region IV )
)
Respondent.
I, W. Ray Cunningham, declare that the following
statements are true and correct to the best of my knowledge and
belief and are based on my personal knowledge, on information
contained in the records of the United States Environmental
Protection Agency (“EPA” or “Agency”) or supplied to me by
current EPA employees under my supervision.
1. I am Director of the Water Management Division for EPA
Region IV. I have held this position since October 1, 1989.
Region IV includes the states of North Carolina, South Carolina,
Georgia, Alabama, Florida, Mississippi, Tennessee and Kentucky.
2. Currently, the Water Management Division is divided
into four branches, the Wetlands, Oceans, and Watershed Branch,
the Municipal Facilities Branch, the Groundwater Protection
Branch and the Water Permits and Enforcement Branch. The Water
Permits and Enforcement Branch has primary responsibility for
-------
implementing many provisions of the Clean Water Act, 33 U.S.C.
1251, et seq. , including section 402 of the Clean Water Act and
its implementing regulations that govern the issuance of National
Pollutant Discharge Elimination System permits (“NPDES permits”
or “permits”) and the procedures governing evidentiary hearing
requests to reconsider or contest the Regional Administrator’s
final permit decision under 40 C.F.R. Part 124, Subpart E.
3. At all times relevant to this Declaration, Region I v ’s
Office of Regional Counsel has been responsible for providing
legal support, advice and representation to the Water Management
Division for the Clean Water Act, the Marine Protection Research
and Sanctuaries Act, and the Underground Injection Control
program under the Safe Drinking Water Act, including the matters
listed below. The legal support, advice and representation
provided by the Office of Regional Counsel to the Water
Management Division includes reviewing requests for evidentiary
hearings, preparing proposed determinations for the Regional
Administrator in response to such evidentiary hearing requests,
and drafting motions and briefs outlining the Region’s legal
position taken in the evidentiary hearing requests for review by
an Administrative Law Judge or the Environmental Appeals Board,
which have decision-making authority f or these appeals. The
Office of Regional Counsel also represents the Region in any
evidentiary hearing granted in connection with any NPDES permit
pursuant to 40 C.F.R. Part 124, Subpart E.
2
-------
4. I have been advised by the Office of Regional Counsel
that Help Our Polluted Environment of Taylor County, Florida
(“HOPE”) has filed a lawsuit against the Regional Administrator
in connection with the evidentiary hearing requests submitted to
Region IV by HOPE and the Proctor and Gamble Cellulose Company
(“P&G”). These requests challenge a final NPDES permit issued to
P&G. Subsequently, the facility to which the permit was issued
was sold to Buckeye Florida, Limited Partnership (“Buckeye”)
which also assumed P&G’s evidentiary hearing request.
5. HOPE’s first evidentiary hearing request is dated
July 24, 1992. HOPE’s corrected evidentiary hearing request is
dated March 12, 1993. Buckeye’s first evidentiary hearing
request is dated July 28, 1992. Buckeye’s corrected evidentiary
hearing request is dated November 24, 1992.
6. HOPE’s evidentiary hearing request raises several
significant issues, including one of first impression for the
Agency, the resolution of which could have implications for water
quality programs throughout the nation. The principal issue in
this request is whether documented fishing uses in the
Fenholloway River, into which Buckeye’s facility discharges, are
“existing uses” under Florida’s antidegradation policy, and, if
so, what level of protection is necessary to maintain those uses.
The Fenholloway River is designated by Florida for industrial
uses; all other waters in the state are designated as suitable
for fishing and swimming. Th Water Management Division and the
3
-------
Office of Regional Counsel have spent a significant amount of
time researching this issue and have been coordinating with the
State of Florida and EPA Headquarters.
7. Buckeye’s evidentiary hearing request presents the
following issues of first impression for the Region: the use of
mixing zones for chronic toxicity, the defensibility of the risk
level that is utilized by EPA nationwide in setting the human
health criteria for the pollutants that are human carcinogens,
EPA’S dioxin criteria currently used as a basis for the dioxin
effluent limitation in NPDES permits in some states (including
Florida) and the applicability of EPA’s dioxin criteria to the
receiving stream in this case, the only water in the Region
designated for industrial uses.
8. The purpose of this declaration is to identify and
describe significant matters handled within the Water Management
Division that have required this Region to balance priorities and
competing demands on our resources under a variety of
environmental statutes during the time period that the
evidentiary hearing requests f or Buckeye and HOPE have been
pending before the Regional Administrator. Several of these
matters have raised complex policy and legal issues of first
impression. Resolution of these issues has required extensive
research and difficult technical and policy determinations.
These matters have created significant demands on the Water
Management Division’s and Office of Regional Counsel’s resources.
4
-------
The most significant of these matters are discussed below.
9. Competing Civil Judicial and Administrative Enforcement
Actions - Within the period that Buckeye and HOPE have filed
their evidentiary hearing requests, Region IV has initiated
and/or filed 21 civil judicial enforcement cases and one hundred
and sixty (160) administrative penalty enforcement cases pursuant
to section 309 of the Clean Water Act. Each enforcement case
requires a significant amount of data gathering and analysis,
legal research and drafting of complaints and consent decrees and
court documents, motion drafting and negotiations. In the event
hearings or trials are held, a significant amount of time is
spent by the Water Management Division and the Office of Regional
Counsel in preparation for each administrative hearing or
judicial trial.
10. Competing Pending Evidentiary Hearing Requests -
Because Florida has not yet received authority to administer the
NPDES program, Region IV is the primary permitting authority
responsible for issuing all NPDES permits for Florida.
Currently, 29 evidentiary hearing requests have been filed with
the Region in response to the Florida NPDES permits that Region
IV has issued, including the Buckeye and HOPE evidentiary hearing
requests. All of these requests are awaiting determination by
the Regional Administrator. Several of these evidentiary hearing
requests have raised complex technical and legal issues related
to interpretation and application of state water quality
5
-------
standards and technology-based standards to point source
discharges, as well as questions of interpretation and
application of appropriate federal regulations in each NPDES
permit.
11. Florida Everglades Litigation and NPDES Permit
Issues - This litigation was initiated by the sugar farm
interests against the South Florida Water Management District and
the Florida Department of Environmental Protection in 1992.
Region IV has assumed a lead role in negotiating a settlement for
this lawsuit. Region IV has held protracted negotiating sessions
and meetings with sugar farm industry representatives, the U.S.
Department of Agriculture, the Governor’s Office of the State of
Florida, the U.S. Department of Interior, the Department of
Justice, and EPA Headquarters. During mediated settlement
negotiations, EPA reviewed the proposed settlement as it related
to water quality issues and permitting under the Clean Water Act.
EPA has also issued both the draft and final NPDES permits for
the Everglades Nutrient Removal Project within the past six
months. That State of Florida recently passed the Everglades
Forever Act, which was signed by the Governor on May 3, 1994.
This region has reviewed this legislation in terms of impacts to
state authorization of the NPDES program and general water
quality issues under the Clean Water Act.
12. New Source Determination for Cooling Pond at Florida
Power Corporation Proposed Steam Electric Power Plant Site -
6
-------
Pursuant to Section 306 of the Act, in February 1992 the Florida
Power Corporation submitted a new source determination request to
Region IV for a steam electric power plant that it proposed to
build in Polk County, Florida. Florida Power Corporation and
power industry representatives challenged Region IV’ S and
Headquarters’ initial determination that the facility was a new
source and would therefore require an NPDES permit by virtue of
discharges of pollutants into a steam electric cooling pond on
site. Because of the national implications of Region IV’S
decision regarding the designation of the pond as “waters of the
United States”, Region IV requested the Assistant Administrator
for Water to determine whether the pond would be subject to Clean
Water Act jurisdiction. This issue entailed several months of
legal research by the Office of Regional Counsel and consultation
by Region IV with EPA Headquarters. Every regional EPA office was
also consulted. EPA Headquarters and Region IV also held several
meetings with industry representatives. On December 13, 1993,
the new Assistant Administrator for Water issued a memorandum
setting forth the Region’s options for regulating steam electric
cooling ponds. He also recommended rulemaking development to
address the policy issues and to clarify the jurisdictional
status of cooling ponds.
13. General NPDES Permits for Offshore Oil and Gas
Exploration, Drilling and Mining Discharges - The Water
Management Division is responsible for issuing NPDES permits
7
-------
covering any offshore discharges that take place beyond the three
mile limit of a state’s jurisdiction. Region IV has drafted a
permit to cover effluent discharges from oil and gas offshore
drilling activities in the eastern Gulf of Mexico. The draft
permit includes effluent guidelines and new source performance
standards for the oil and gas extraction point source category,
which became effective on January 15, 1993. This draft permit is
an extremely controversial, technical and time-consuming
responsibility which has been given high priority.
14. New Storm Water Program - Storm water regulations
recently issued pursuant to section 402 of the Clean Water Act
required that EPA regulate stormwater discharges from certain
industrial activities and large and medium municipal separate
storm sewer systems. Implementation of the new regulations in
this Region has entailed preparing information for public
meetings and hearings to answer questions and receive comments
regarding implementation of this new program. Region IV has
drafted general and individual permits for the regulated
community. Thus far, the Region has received 22 applications
covering approximately 160 municipalities. An additional 28
municipalities were designated in December 1993 to submit
applications for the stormwater program. Region IV is reviewing
and preparing responses to approximately 750 public comments to
the proposed permit that have been received. In addition, Region
IV is in the process of finalizing a multi-sector permit to cover
8
-------
industrial discharges in the 11 industrial categories identified
in Phase I of the storm water program.
15. New Sewage Sludge Regulations and Program - EPA’S new
sludge regulations were promulgated in February 1993 and in most
instances required sludge users and disposers to achieve
compliance with the regulations by February 1994. An important
component of this program is the issuance of sludge use and
disposal permits as a definitive mechanism to ensure compliance.
Currently, Region IV is reviewing the first sludge permit
applications for the Region which have been submitted by
companies operating incinerators. Region IV was heavily involved
with Headquarters and other Regions in program development and in
proposing language for the new regulations. Region IV presented
workshops to introduce the new regulations to industry groups and
to answer any questions regarding the new sludge regulations.
This Region has one of the highest number of sludge-producing
facilities in the nation.
16. Combined Sewer Overflows - Headquarters has issued new
guidance regarding combined sewer overflows which will be
implemented in the Region. The guidance sets forth a national
framework for permitting, water quality standards and
enforcement. Region IV provided input for the guidance, which
received strong support from municipal and environmental groups.
Region IV is in the process of assisting NPDES-delegated states
in implementing the new guidance provisions.
9
-------
17. Safe Drinking Water Act Primacy Applications - Section
300g—2(a) of the Safe Drinking Water Act requires states to
assume primary enforcement responsibility for public water
systems once EPA determines that a state’s regulations are at
least as stringent as national primary drinking water regulations
and that a state has adequate procedures for the enforcement of
such state regulations. A new Safe Drinking Water Act
regulation, the lead and copper rule, became effective on July 1,
1992. With the promulgation of the new regulation, each state
was required to submit a primacy application to EPA requesting
primary enforcement responsibility for implementation of the new
rule in that state’s public water systems. Region IV has
reviewed applications from four states thus far. Each state
application review entails a direct comparison of the proposed
state regulations with federal statute and regulation provisions
18. Florida NPDES Proaram Authorization and Review of
Existing State NPDES Programs - Currently, Florida is the only
state in the Region that has not been delegated the state NPDES
permitting program under section 402(b) of the Clean Water Act.
On January 20, 1994, the State of Florida submitted a preliminary
draft submission in preparation of its formal request for EPA
authorization of a state NPDES permitting program. Review of the
draft submission has included consultation with the State of
Florida, as well as review, comments on and responses to several
versions of Florida’s statutory and regulatory language and other
10
-------
program documents revisions in preparation for the state’s NPDES
permit program authorization submission. This project has also
included preparation of numerous memoranda and briefing materials
on state authorization issues and several meetings with state
officials regarding issues and concerns raised by state personnel
regarding necessary legal and program authority requirements.
In addition, the Water Management Division has conducted
reviews of all of the other state-delegated NPDES permit programs
in the Region to determine whether which state requirements do
not meet the existing federal requirements and need to be updated
by a program modification.
19. United States v. City of Marianna, Florida - Region IV
has prepared a comprehensive litigation package as the basis for
a federal civil enforcement action which the United States
Department of Justice will file against the City of Marianna,
Florida (“Marianna)”. The complaint will allege that Marianna
violated the Safe Drinking Water Act and National Primacy
Drinking Water Regulations for lead and copper found at 40 C.F.R.
Part 141, Subpart I. This case was the first civil judicial case
in the nation to be referred to the Department of Justice for
filing against a municipality for violations of the Lead and
Copper Rule under the Safe Drinking Water Act.
20. United States v. Perdue-Davidson Oil Company and
Charles Perdue - This civil judicial enforcement action is the
Region’s first multi-media case involving violations of sections
11
-------
301 and 311 of the Clean Water Act, section 1423 of the Safe
Drinking Water Act and Section 11021 of the Emergency Planning
and Community Right to Know Act. This case also offers an issue
of first impression -- individual civil liability for
environmental harm under these provisions. Based on the
significance of the case and the complexity of the legal issues
this case poses, this case has involved several hours of legal
research and coordination with regional personnel from different
water programs within the region and with Headquarters.
21. Mudd v. Reilly No. 91-1392-dy (N.D. Alabama) - This
civil case was filed by a private citizen against EPA and Alabama
in federal district court in June 1991. In the complaint, Mr.
Mudd alleges violations of the Endangered Species Act against EPA
and Alabama in connection with certain Clean Water Act-related
activities in Alabama. This case has raised several issues of
first impression regarding the applicability of the Endangered
Species Act to EPA authorization of state NPDES permitting
programs under the Clean Water Act, waiver issues regarding the
sovereign immunity status of Alabama, and Mr. Mudd’s standing to
sue Alabama and EPA. This case involved extensive legal and
policy discussions regarding the issues raised in the lawsuit.
The case was resolved in 1993 with a settlement that was
negotiated with the assistance of the Department of Justice and
EPA Headquarters.
22. Environmental Defense Fund, et al.. v. Tidwell et a l. ,
12
-------
( Civ. Action File No. 91-467-Civ-5-D ) - On January 17, 1990, the
Environmental Defense Fund and other environmental groups gave
notice of their intent to sue the Weyerhaeuser Company, EPA and
the United States Army Corps of Engineers for alleged violations
of the Clean Water Act. On July 22, 1991, several environmental
organizations filed a federal civil judicial action against EPA
and the United States Corps of Engineers alleging that the
Weyerhaeuser Company had converted a forested mixed hardwood
wetlands into a managed pine plantation without a permit issued
under section 404 of the Clean Water Act. Over the next two
years, the parties met numerous times to discuss possible means
to end the litigation. EPA maintained its position that no
formal delineation had been made. On March 4, 1993, at Region
I v’s request, the court issued an order remanding this matter to
EPA for a formal determination of the applicability of Section
404(f) of the Clean Water Act to Weyerhaeuser’s activities. EPA
filed its remand determination with the court on February 4,
1994. As a part of the remand, EPA had to consider recent
(August 1993) changes to the wetlands regulations, which have
resulted in a major change in how silvicultural operations are
regulated, an issue of first impression. This case has gained
national attention from citrus groups and industries and has
involved many hours of legal research, coordination with numerous
parties and the United States Army Corps of Engineers.
23. United States v. Metropolitan Dade County, et al . -
13
-------
(93-1109-CIV-Moreno). On January 18, 1994, the Department of
Justice filed the first partial consent decree for this federal
judicial enforcement case against Metropolitan Dade County,
Florida for Clean Water Act violations. The June 1993 complaint
alleges, inter alia , that the discharges that are the subject of
the complaint present an imminent and substantial endangerment to
the health of or to the welfare of persons. The complaint
addresses the deteriorated condition of the existing cross-bay
line that conveys untreated wastewater from the Central District
to the Central Plant on Virginia Key. Region IV is currently
involved in negotiations regarding the proposed penalty and
injunctive relief. This case has involved many hours of legal
research, determination of policy issues, and several hours
devoted to meetings with county officials, Headquarters, and the
Department of Justice.
24. United States v. Florida Cities Water Co . No. 93—281-
CIV-FTM-21 (M.D. Fla.) - In September 1992 Region IV and EPA
Headquarters requested the Department of Justice to file a
federal civil complaint against Florida Cities Water Company for
Clean Water Act violations that had occurred at its Waterway
Estates facility. Extensive pre-filing negotiations did not
result in a settlement. The complaint was filed against Florida
Cities in November 1993 and the case is in the initial phases of
discovery. This case has involved several meetings with
representatives and their counsel from the Florida Cities
14
-------
Company, and several hours of review and organization of
documents in preparation for document production requests and
depositions which have been taken of witnesses by both parties to
this litigation.
I declare under penalty of perjury that the foregoing is
true and correct.
Executed on 1994 .
W. Ray Cunningham
Director, Water Management
Division,
U.S. Environmental Protection
Agency
Region IV
15
-------
0
-------
NPDES
MODEL SLUDGE DOCUMENTS
-------
SAMPLE ADMINISTRATIVE ORDER
sludge-a. ao
UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
REGION
IN ThE MATFER OF DOCKET NO. (REGION) (YEAR) (NO)
ABC SLUDGE MANAGEMENT FACILITY
PROCEEDINGS UNDER SECTION
309 (A) (3), CLEAN WATER ACT,
[ 33 USCA 1319]
ADMINISTRATIVE ORDER
IN RE: (PERMIT NO.IF APPLICABLE)
The following FINDINGS are made and ORDER issued pursuant to the
authority vested in the Administrator of the Environmental
Protection Agency by the above referenced statute (hereinafter the
Act) and duly delegated to the Regional Administrator, Region —,
and duly redelegated to the undersigned Director, Water Management
Division, Region —.
I.
ABC Sludge Management Facility (hereinafter the Facility) is a
sludge management facility operating in the State of _______, the
mailing address for which is
__________ The facility is a (POTW, Class I Sludge Management
Facility, Municipal Major, or whatever applicable descriptive
phrase).
II.
Pursuant to the authority of Sections 309 and 405 of the Act, the
Environmental Protection Agency promulgated the Standards for the
Use or Disposal of Sewage Sludge at 40 CFR §503. The requirements
for frequency of monitoring, recordkeeping, and reporting became
effective on July 20, 1993. The first annual sewage sludge report
was due on February 19, 1994.
-------
III.
FINDINGS OF FACE
The Facility is subject to the Sewage Sludge Regulations found in
40 CFR §503.
Parts 503.18, 503.28 and 503.48 of the Standards for Use or
Disposal of Sewage Sludge require that Class I sludge management
facilities, POTWs (as defined in 40 CFR 501.2) with a design flow
rate equal to or greater than one million gallons per day, and
POTWs that serve 10,000 people or more shall submit a report to the
permitting authority on February 19 of each year.
The EPA is the permitting authority referenced in the regulations
for all Class I Sludge Management Facilities.
IV.
FINDINGS OF VIOLATION
Based on information provided by the Environmental Protection
Agency and the Facility, the Facility has violated Part 503.18,
503.28, or 503.48. The Agency shows no record of having received
an annual report by February 19, 1994.
V.
Issuance of this ORDER does not preclude the pursuit of additional
enforcement action for the violations cited herein, including
administrative penalties authorized by the Act.
ORDER
Based on the foregoing FINDINGS OF VIOLATION and pursuant to the
authority vested in the Administrator under Section 309(a) (3) of
the Act (33 USC 1319(a) (3)], and duly delegated to the Regional
Administrator, Region ________, and duly redelegated to the
undersigned Director, Water Management Division, Region _____ it is
ORDERED:
A. That the Facility, within sixty (60) days of the effective date
of this ORDER, shall submit to the EPA an annual report in
accordance with Parts 503.18, 503.28, or 503.48 whichever may be
applicable.
B. That the Facility will submit the required annual report to the
Agency on or before February 19 on each year hereafter.
The effective date of this ORDER shall be the date is received by
the Facility.
DATED: This ________day of ___________, 199_.
(Regional Water Management Division Director).
-------
sludge-a.ltr
MODEL WARNING LETTER - FAILURE TO REPORT
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr.\Ms. Person-in-Charge
Class I Sludge Facility
100 Main Street
Anywhere, USA 10000
Re: Compliance with 40 CFR Part 503 - Reporting Requirements on
the use or Disposal of Sewage Sludge
Dear Person-in-Charge:
This letter is in regard to the failure of your Class I Sludge
Management Facility to submit the required annual sewage sludge
report due on February 19, 1994, to the U.S. Environmental
Protection Agency. At this time you are in violation of the self
reporting requirements set out in 40 CFR Part 503. The purpose of
this letter is to inform you that this matter has been referred to my
office for formal enforcement action. If a written certification of
your Facility’s intent to comply with the reporting requirements is
not received within 15 days of your receipt of this letter, and a
completed report in compliance with 40 CFR §503.18, §503.28,
and/or §503.48 is not received within 30 days of your receipt of this
letter, we may proceed with the commencement of an appropriate
enforcement action against your facility. Failure to submit reports
in a timely manner constitutes a violation of Sections 309 and 405 of
the Clean Water Act and subjects your facility to penalties of up to
$25,000 per day.
-------
The Standards for the use or Disposal of Sewage Sludge were
published in the Federal Register on February 19, 1993. The
requirements for frequency of monitoring, recordkeeping, and
reporting became effective on July 20, 1993. The information
required to be reported varies with the use or Disposal practice
used by the facility. For example, the information that must be
reported for Land Application can be found in 40 CFR §503.17(a).
The information which must be reported for Surface Disposal is set
out at 40 CFR §503.27(a) and for Incinerators at 40 CFR §503.47(b)
through §503.47(h).
The certification of intent and the report should be submitted
to following address:
Sludge Coordinator
u.s. Environmental Protection Agency,
Regional Address and Mail Code
If you have any questions with regard to how to respond to
this letter please contact ______________. If you have any
questions about the information that is required to be submitted
please contact ________________________________
Sincerely,
Water Management
Division Director
CC: Regional Sludge Coordinator
-------
MEMORANDUM
SUBJECT: Model Warning Letter for Failing to Report Under 503
FROM: Mark Charles, Chief
Policy Development Branch
TO: Regional Compliance Branch Chiefs
At the National Sludge Meeting held in Washington, DC February 1-3, 1994,
several attendees requested that Headquarters provide the Regions with a model
warning letter for failing to report under 40 CFR 503. Attached Is a copy of such
a model that could be used for Class i Sludge Management facilities that have
failed to submit their annual sewage sludge reports. The self reporting
requirements set out in 40 CFR Part 503 require that an annual report be
submitted to the Agency on February 19 of each year. If you have facilities that
have not submitted reports you may wish to send out a letter such as the one
attached as a reminder to them that the reports are due.
If you have questions or need further assistance please contact me at (202)
260-8319 or Judi KahI of my staff at (202) 260-8331.
CC: Regional Sludge Coordinators
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
% REGION4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET, SW sludge-B. ltr
L ATLANTA, GEORGIA 30303.8909
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
REF: 4WM-WPEB
STATE DIRECTOR
ADDRESS
RE: Notice of Proposed Penalty Assessment
Docket No. CWA-IV 96-
Town of
NPDES Permit No.
Dear
Enclosed is a copy of the Administrative Complaint which
contains a proposed administrative penalty assessment which the
Administrator of the United States Environmental Protection
Agency (EPA) proposes to issue to the Town of pursuant
to Section 309(g), 33 U.S.C. §1319(g), of the Clean Water Act
(Act). The Administrator proposes to issue the Complaint to
begin the process to assess administratively a Class I civil
penalty of up to $25,000 against the Town of for a
violation of the Act.
Because the violation has occurred in the State of STATE,
EPA is offering to you an opportunity to confer with us regarding
the proposed assessment. If you wish to request a conference, or
if you have any comments or questions regarding the matter, you
may call me at (404)347-4450, or your staff may call Unit Chief
at (404)347-3555, extension . A request for
conference must be made within fifteen (15) days of receipt of
this letter. The conference may be in person or by telephone and
may cover any matters relevant to the proposed assessment.
Pnnted with Vegetable Oil Based Inks on 100% Recycled Paper (40% Postconsumer)
-------
2
A copy of EPA procedures governing the assessment of Class I
administrative penalty under the Act is enclosed for your
reference.
Sincerely yours,
Robert F. McGhee,
Director
Water Management Division
Enclosures
cc: Regional Hearing Clerk
bc: ORC - W.Jones
EPA HQ
_____ _____ORC ____ Pfaff Banister
______McGhee
-------
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
REF: 4WM-WPEB
RESPONSIBLE OFFICIAL
DDRE$
RE: Notice of Proposed Penalty Assessment
Docket No. CWA-IV 96-
Townof
NPDES Permit No.
Dear
Enclosed is an Administrative Complaint which the U.S.
Environmental Protection Agency (EPA) is issuing to the Town of
as a result of our determination that it has failed to
submit sludge repc rt for 1995, meet. vector attraction or
pathogens, etc.. Specifically, the facility has failed to show
that it is complaint with Section 405 Ce) of the Clean Water Act,
33 U.S.C. §1311 (a). The requirements for the v1c lation are set
forth at 40 CFR 503 . This Complaint requests that a
penalty of be assessed against the Town of
The Town of has the right to a hearing to contest
the factual allegation in this Complaint. If the facility admits
the allegation, or it is found to be true after Town of
has had an-opportunity for a hearing on it, the Town has the
right to contest the penalty proposed in the Complaint. I have
enclosed a copy of the procedures the Agency follows in cases of
this kind. Please note the requirements for a Response in
§28.2(u) and 28.20. If you wish to contest the allegation in the
Complaint or the penalty proposed in the Complaint, you must file
a Response within thirty (30) days of your receipt of the
enclosed Complaint to the EPA Regional Hearing Clerk at the
following address :
Regional Hearing Clerk
U. S. EPA Region IV
345 Courtland Street
Atlanta, Georgia 30365
-------
2
If the Town of does not file a Response by the
applicable deadline (see §28.20(a) and (b)) , the Town of
will have defaulted. The allegation in the Complaint will be
deemed to be admitted as true. The Town will have waived its
right to appear in this action for any purpose and will also have
waived its right to be notified of any Agency proceedings that
occur before a civil penalty may be imposed. Provided that the
Administrative Complaint is legally sufficient, the Presiding
Officer will then find the Town liable for a civil penalty, and
the Regional Administrator may then assess a civil penalty of up
to $25,000 for your alleged violation.
The Town of has the right to be represented by an
attorney at any stage of the proceedings, including any informal
discussions with EPA. If you or any responsible officials have
any questions, wish to discuss a settlement of this matter with
the Agency by an informal conference, or would like to receive an
extension of the thirty-day deadline to file a Response in order
to discuss settlement of this case, please immediately contact
Unit Chief
(404)347-355L extension . A
settlement discussion neither relieves the town of its
need to file a Response to the Complaint, nor affects what the
Town may choose to say in a Response.
Sincerely yours,
Robert F. McGhee,
Director
Water Management Division
Enclosures
CC: State OUtce
Regional Hearing Clerk
bc: ORC - William Jones
EPA HQ
_____ _____ORC _____Pfaff Banister
_____McGhee _____Pope
-------
Docket No. 96-
CERTIFICATE OF SERVICE
I certify that the forgoing Class I Administrative Complaint
and Opportunity to Request Hearing or Informal Conference was
sent to the following persons, in the manner specified, on the
date below:
Original hand-delivered:
Ms. Julia Mooney
Regional Hearing Clerk
U.S. EPA
Region IV
345 Courtland Street
Atlanta, Georgia 30365
Copy by certified mail,
return receipt requested:
RESPONS ZELE OP XCIAL
ADDRESS
STATE DIRECFOR
AZ P3S$
Dated: ____________ ___
Susan Pope
Enforcement Officer
U.S. EPA Region IV
345 Courtland Street
Atlanta, Georgia 30365
-------
Ms. Julia Mooney
Regional Hearing Clerk
U.S. EPA
Region IV
345 Courtland Street
Atlanta, Georgia 30365
Re: In the Matter of the Town of
NPDES Permit No.
Docket No. CWA-IV 96-
Dear Ms. Mooney:
Enclosed for filing please find a Class I Administrative
Complaint pursuant to Section 309(g) (2) (A) of the Clean Water
Act(Act), 33 U.S.C. §1319(g) (2)(A), for the failure to
violations to the United States in violation 405 (e) of the Act,
33 U.S.C. §1311(a), and the associated regulation 40 CFR 503.
Sincerely yours,
Robert F. McGhee,
Director
Water Management Division
-------
sludge . apo
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ADMINISTRATIVE COMPLAINT
IN THE MATTER OF
Proceeding to Assess Class I
Civil Penalty Under
Section 309(g) of the
Clean Water Act
Respondent. Docket No. CWA-IV 96-
I. STATUTORY AUTHORITY
1. This Administrative Complaint is issued under the
authority vested in the Administrator of the U.S. Environmental
Protection Agency (“EPA”) by Section 309(g) (1) (A) of the Clean
Water Act (“Act t ’), 33 U.S.C. 1319(g) (1) (A) . The Administrator
has delegated this authority to the Regional Administrator of EPA
Region 4, who in turn has delegated it to the Director of the
Water Management Division of EPA Region 4, who in turn has
delegated it to the Chief of the Water Programs Enforcement
Branch of EPA Region 4 (“Complainant”).
2. Pursuant to Section 309(g) (2) (A) of the Act, 33 U.S.C.
§ 1319(g) (2) (A) and in accordance with the proposed “Consolidated
Rules of Practice Governing Class I Civil Penalties Under the
Clean Water Act, “56 Fed. Reg. 29,996 (July 1, 1991) (“Part 28”),
Complainant hereby requests that the Presiding Officer assess a
civil penalty against
(“Respondent”) for the use or disposal of sewage sludge in
violation of Section 405(e) of the Clean Water Act and Section
301 (a) of the Act, 33 U.S.C.T §1345.
-------
II. ALLEGATIONS
3. Respondent is a (person residing at (Address] -- or --
corporation organized under the laws of [ State] with a plate of
business located at (Address] - - or -- municipality, duly
organized and existing under the laws of [ State]], and is a
“person” within the meaning of Section 502(5) of the Act, 33
U.S.C. § 1362(5).
4. Respondent (owns - - and/ott - - operates] a (describe
facility] located at [ Address] (“the facility”), which is a
“treatment works” within the meaning of Section 212(2) of the
Act, 33 U.S.C. § 1292(2).
5. 40 CFR 503 requires that any Publicly Owned Treatment
Work (POTW) that prepares and/or disposes of sewage sludge must
prepare and submit and annual sludge report for the following
type of facilities: Class I sludge management facilities, POTWs
as defined in 40 CFR 501.2, or with a design flow rate equal to
or greater than one million gallons per day (MCD), or POTWs that
serve 10,000 people. Annual sludge report must be submitted not
later than February 19th of each year.
6. Pursuant to Section 405(d) and Ce) of the Act, 33 U.S.C.
§1345, Part 503 was developed and establishes the standards for
the use or disposal of sewage sludge. Part 503 consists of
general requirements, pollutant limits, management practice, and
operational standards, for the final use or disposal of sewage
sludge generated during the treatment of domestic sewage in a
treatment works.
2
-------
7. During the period from through
the Respondent disposed of domestic sewage sludge generated by
the facility that did not meet requirements as
specified in 40 CFR Part
8. The Respondent’s disposal practice as described above
violated 40 CFR 503. and Section 405(e) of the Clean Water Act
as amended. Consequently, under Section 309(g) (1) (A) of the Act,
33 U.S.C. § 1319(g) (1) (A), the Respondent is liable for the
administrative assessment of civil penalties in an amount not to
exceed $10,000 per violation, up to a maximum of $25,000.
III. PROPOSED PENALTY
9. Based on the forgoing Allegations, and pursuant to the
authority of Section 309(g) (2) (A) of the Act, the Complainant
proposes that the Presiding Officer assess administrative
penalties against the Respondent in the amount of
Date: _______________ __________________________
Mary Kay Lynch, Chief
Water Programs Enforcement Branch
Certified as legally sufficient:
__________________________ Date:
A tor1iey s name
Assistant Regional Counsel
3
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
sludge-B. ao
IN THE MATTER OF:
Respondent Name
) Administrative Order No. 96-XXX
Facilty Name
NPDES Permit Number XXOOXXXXX
ORDER PURSUANT TO SECTION 309
CLEAN WATER ACT
Pursuant to the Authority of Section 309 (a) of the Clean Water
Act (hereinafter, the Act) 33 U.S.C. §1319(a) which has been
delegated to the Regional Administrator of the Environmental
Protection Agency (“EPA”), Region 4 and redelegated to the
Director, Water Management Division, Region 4, I hereby make the
following findings of fact and violation, and hereby order:
FINDINGS OF FACT
1. Respondent (hereinafter, the Respondent) is an
organization, duly organized and existing under the laws of the
State, and is a “person” within the meaning of Section 502(5) of
the Act, 33 U.S.C. §1362(5).
2. Respondent owns and operates Facility Name located at
address (“the facility”), which is a “treatment works” within the
meaning of Section 212(2) of the Act, 33 U.S.C. §1292(2).
3. Pursuant to Section 405(d) and Ce) of the Act, 33 U.S.C.
§1345 Part 503 was developed and establishes the standards for
the use or disposal of sewage sludge. Part 503 consists of
-------
general requirements, pollutant limits, management practices, and
operational standards, for the final use or disposal of sewage
sludge generated during the treatment of domestic sewage in a
treatment works.
4. Description of the facility, if available. See
example AO.
5. Description of the violation. See example AO
VIOLATION
The Respondent’s disposal practice as described above
violated Sections 405 (e) of the Clean Water Act, as amended by
Pub. L. 95-217, sec. 54(d), 91 Stat. 1591 (33 U.S.C. § 1345(d)
and (e)); and Pub. L. 100-4, title IV, sec. 406(a), (b), 10].
Stat., 71, 72 (33 U.S.C. 1251 et seq.).
ORDER
Based upon the foregoing findings of fact and violation and
pursuant to Sections 405 (e) and 309(a) of the Clean Water Act,
it is hereby ordered that:
1. The Responc ent shafl submit See example AO, will
depend on the violation}
2. Within fifteen (15) days of the effective date of this
Order, the Permittee shall communicate in writing the following:
-------
(a) The reason(s) why the Respondent
See example AO.
(b) See example AO.
Cc) All other measures in which the Respondent
will take to ensure complete, accurate and
timely in the future.
3. Response to Order items 3. and 2 shall be submitted by
certified mail or its equivalent. Copies of the response shall
be sent to the STATE DEPARTMENT OFFICE and to
EPA. Tranamittals shall be sent to:
Stare Office Addre
Ms. Beverly Banister, Acting Chief
Water Permits and Enforcement Branch
Water Management Division
U.S. Environmental Protection Agency
Region 4
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Attn: fl/f l Unit
4. Nothing contained herein shall be construed as
prohibiting prosecution for the violations cited in this Order,
for violations of the Order itself, or for any other violations
-------
of the Clean Water Act.
This order is effective upon receipt.
Date Robert F. McGhee, Director
Water Management Division
-------
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
r. or Ma. xx, DIreoto
State adhesa
RE: NPDES Permit No. XXXXXXX
Administrative Order No: 96-OXX
Dear Mr. or Ms. XXXXX:
Pursuant to Section 309(a) of the Clean Water Act, I have
determined that the above referenced facility is in violation of
the Clean Water Act. As a result, I have issued an
Administrative Order, a copy of which is enclosed for your
reference. The Order is presently being served.
Sincerely,
Robert F. McGhee, Director
Water Management Division
Enclosure
bc: Office of Regional Counsel
Enforcement Branch/EPA HQ
-------
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
r. or Ms. lxxx
Facility Address
RE: Facility Name
NPDES Permit No. X OOXXXXX
Administrative Order No. 96-Oxx
Dear Ms. or Mr. XXX:
Pursuant to Section 309(a) of the Clean Water Act (the Act),
as amended, the Director, Water Management Division, Region 4,
United States Environmental Protection Agency, has determined
that the above named facility is in violation of Section 405 of
the Act. As a result, the Director has issued the enclosed
Section 309 Order.
This Order is issued to enforce existing requirements under
the Act and therefore, does not replace, modify or eliminate any
other requirement. Notwithstanding the issuance of this Section
309(a) Order, EPA retains the right to bring further enforcement
action under Section 309(d) or 309(g) of the Act, for the
violations cited in this Order and for any other violation of the
Act. Violations of the Act, including requirements contained in
an NPDES permit or a Section 309(a) Order, remain subject to a
civil penalty of up to $25,000 per day for each violation
pursuant to Section 309(d) of the Act.
Under Executive Order 11738 and EPA regulations issued
thereunder (40 Code of Federal Regulations, Part 15), facilities
to be utilized in contracts, grants, or loans must be in full
compliance with all standards established pursuant to the Clean
Water Act and the Clean Air Act. A violation of the standards
outlined in this notification may result in the subject facility
2
becoming ineligible for participation in any work associated with
a Federal contract, grant, or loan.
Should you have any questions concerning the enclosed Order,
please contact Enforcement Officer at (404)347-4793 ext. XXXX.
-------
Sincerely,
Beverly H. Banister, Acting Chief
Water Permits and Enforcement Branch
Water Management Division
Enclosure
cc: S E O FICE
bcc: Office of Regional Counsel
-------
EXAMPLE AO
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
IN THE MATTER OF: )
)
Charlotte-Mecklenberg
Department Utilities )
5100 Brookshire Boulevard ) Administrative Order No. 96-014
Charlotte, North Carolina 28216)
)
Irwin Creek WWTP )
NPDES Permit No. NC0024945 )
)
ORDER PURSUANT TO SECTION 309
CLEAN WATER ACT
Pursuant to the Authority of Section 309(a) of the Clean
Water Act (hereinafter, the Act) 33 U.S.C. §1319(a) which has
been delegated to the Regional Administrator of the Environmental
Protection Agency (“EPA”), Region 4 and redelegated to the
Director, Water Management Division, Region 4, I hereby make the
following findings of fact and violation, and hereby order:
FINDINGS OF FACT
1. Charlotte-Mecklerthurg Utilities Department (hereinafter,
the Respondent) is an organization, duly organized and existing
under the laws of the North Carolina, and is a “person” within
the meaning of Section 502(5) of the Act, 33 U.S.C. §1362(5).
2. Respondent owns and operates Irwin Creek Wastewater
Treatment Plant (WWTP) located at 4000 Westmont Drive, Charlotte,
North Carolina (“the facility”), which is and was at all relevant
times a “point source” within the meaning of Section 502(14) of
the Act, 33 U.S.C. §1362(14).
-------
2
3. Pursuant to Section 402 of the Act, 33 U.s.c. §1342, the
Administrator of EPA, the State, issued NPDES permit number
NC0024945 (“the NPDES permit”) to Respondent, effective November
1, 1991 with an expiration date of August 31, 1996.
4. Since 1993, EPA has the authority under 40 CFR 503 to
regulate the disposal of domestic sewage sludge including all
major NPDES permittee facilities under the authority of 405(d)
and Ce) of the Act. This regulation is to protect the
environment and human health by establishing requirements for the
final use and disposal of sewage sludge and anticipating adverse
effects of certain pollutants that may be present in sewage
sludge.
5. The facility treats the domestic sewage sludge through
a two-stage anaerobic digestion process. After digestion, the
solids are held in three storage tanks prior to being pumped to
the filter press for dewatering. It was concluded that the
facility’s anaerobic digestor could not maintain minimum
temperature for Class B pathogen reduction levels. In response,
the Respondent demonstrated an alternative method for compliance
with pathogen requirements in a Show Cause meeting with EPA
(April 9, 1996)
6. From January 1994 through December 1995, the Respondent
disposed of the municipal sewage sludge generated by the facility
as required in 40 CFR 503. However, the Respondent failed to
provide accurate and timely certification to the land applier as
specified in 40 CFR 503.16 (a) (1), and 503.17(a).
-------
3
VIOLATION
The Respondent’s disposal practice as described above
violated Sections 405(d) and Ce) of the Clean Water Act., as
amended by Pub. L. 95-217, sec. 54(d), 91 Stat. 1591 (33 U.S.C. §
1345(d) and Ce)); and Pub. L. 100-4, title IV, sec. 406(a), Cb),
10]. Stat., 71, 72 (33 U.S.C. 1251 et seq.)
ORDER
Based upon the foregoing findings of fact and violation and
pursuant to Sections 405(d), Ce) and 309(a) of the Clean Water
Act, it is hereby ordered that:
1. The Respondent shall submit a certification statement
to the land applier, with copies to EPA, for each period of the
required monitoring frequency as corresponding to the type of
sludge disposal practice, as required in 40 CFR 503.16,
certifying that the Respondent met the requirements in 503.13,
503.32 and 503.33.
2. Within fifteen (15) days of the effective date of this
Order, the Permittee shall communicate in writing the following:
(a) The reason(s) why the Respondent was not
timely with the submission of the required
certification to the land applier;
(b) The reason(s) why the certifications
submitted by the Respondent to the land
applier were not accurate.
-------
4
Cc) All other measures in which the Respondent
will take to ensure complete, accurate and
timely certification in the future.
3. Response to Order items 1 and 2 shall be submitted by
certified mail or its equivalent. Copies of the response shall
be sent to the North Carolina Department of Environmental
Management and to EPA. Transmittals shall be sent to:
North Carolina Department of
Environment, Health and Natural Resources
Division of Environmental Management
P. 0. Box 29687
Raleigh, North Carolina 27611
Ms. Beverly Banister, Acting Chief
Water Permits and Enforcement Branch
Water Management Division
U.S. Environmental Protection Agency
Region 4
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Attn: NC/SC/KY/DATA Unit
4. Nothing contained herein shall be construed as
prohibiting prosecution for the violations cited in this Order,
for violations of the Order itself, or for any other violations
of the Clean Water Act.
This order is effective upon receipt.
Date Robert F. McGhee, Director
Water Management Division
-------
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
Mr. A. Preston Howard, Jr., P.E.
Director
North Carolina Department of Environment,
Health and Natural Resources
Division of Environmental Management
P. 0. Box 29687
Raleigh, North Carolina 27611
RE: NPDES Permit No. NC0024945
Administrative Order No. 96-014
Dear M. Howard:
Pursuant to Section 309(a) of the Clean Water Act, I have
determined that the above referenced facility is in violation of
the Clean Water Act. As a result, I have issued an
Administrative Order, a copy of which is enclosed for your
reference. The Order is presently being served.
Sincerely,
Robert F. McGhee, Director
Water Management Division
Enclosure
bc: Office of Regional Counsel
Enforcement Branch/EPA HQ
Danois Horn Pfaff Banister
-------
CERTIFIED MAiL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
Mr. J. Reed Atkinson
Wastewater Treatment Superintendent
Charlotte-Mecklenburg Utilities Department
5100 Brookshire Boulevard
Charlotte, North Carolina 28216
Ms. Trille C. Mendenhall
Residuals Manager
Charlotte-Mecklerthurg Utilities Department
5100 Brookshire Boulevard
Charlotte, North Carolina 28216
RE: Irwin Creek WWTP
NPDES Permit No. NC0024945
Administrative Order No. 96-014
Dear Ms. Mendenhall & Mr. Atkinson:
Pursuant to Section 309(a) of the Clean Water Act (the Act),
as amended, the Director, Water Management Division, Region 4,
United States Environmental Protection Agency, has determined
that the above named facility is in violation of Section 405 of
the Act. As a result, the Director has issued the enclosed
Section 309 Order.
This Order is issued to enforce existing requirements under
the Act and therefore, does not replace, modify or eliminate any
other requirement. Notwithstanding the issuance of this Section
309(a) Order, EPA retains the right to bring further enforcement
action under Section 309(d) or 309(g) of the Act, for the
violations cited in this Order and for any other violation of the
Act. Violations of the Act, including requirements contained in
an NPDES permit or a Section 309(a) Order, remain subject to a
civil penalty of up to $25,000 per day for each violation
pursuant to Section 309(d) of the Act.
Under Executive Order 11738 and EPA regulations issued
thereunder (40 Code of Federal Regulations, Part 15), facilities
to be utilized in contracts, grants, or loans must be in full
compliance with all standards established pursuant to the Clean
Water Act and the Clean Air Act. A violation of the standards
outlined in this notification may result in the subject facility
-------
2
becoming ineligible for participation in any work associated with
a Federal contract, grant, or loan.
Should you have any questions concerning the enclosed Order,
please contact Mr. Hector M. Danois at (404)347-4793 ext. 4276.
Sincerely,
Beverly H. Banister, Acting Chief
Water Permits and Enforcement Branch
Water Management Division
Enclosure
cc: North Carolina Division of Environmental Management
bcc: Office of Regional Counsel
Danois Horn Pfaff
-------
MODEL ADMINISTRATIVE ORDER FOR
VECTOR ATTRACTION VIOLATIONS
vector. ao
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
IN THE MATTER OF: ) Administrative Order No.
NAME AND ADDRESS OF
FACILITY ) FINDINGS OF VIOLATION AND
ORDER FOR COMPLIANCE
STATUTORY AUTHORITY
The following FINDINGS are made pursuant to the authority vested
in the Administrator of the Environmental Protection Agency
(“EPA”) by Section 309(a) (1) of the Clean Water Act, as amended
(the “Act”), 33 U.S.C. § 1319(a) (1). This authority has been
delegated to the Regional Administrator of EPA, Region 4, and re-
delegated by the Regional Administrator to the Director, Water
Management Division.
FINDINGS OF VIOLATION
1. The (fill in] (“Respondent”), is a [ municipality,
privately owned treatment workm, ETC.], and is a “person” as
defined by Section 502(5) of the Act, 33 U.S.C. § 1362(5), and 40
CFR § 503.9(q), and is thus subject to the requirements of the
Act and 40 CFR Part 503.
2. Respondent owns and operates (facility description],
(“facility”), which is a “treatment works treating domestic
sewage” as defined in 40 CFR § 501.2.
3. Respondent is a “person who prepares sewage sludge” as
defined in 40 CFR § 503.9(r), as either the person who generates
1
-------
sewage sludge during the treatment of domestic sewage in a
treatment works or the person who derives a material from sewage
sludge.
4. Section 405(e) of the Act, 33 U.S.C. § 1345(e), makes it
unlawful for any person to dispose of sludge from a treatment
works treating domestic sewage except in accordance with
regulations promulgated pursuant to Section 405(d) of the Act, 33
U.S.C. § 1345(d) which are found at 40 CFR Part 503.
5. 40 CFR Part 503 establishes standards for the use and
disposal of sludge, and consists of general requirements,
pollutant limits, management practices, operational standards,
for the final use or disposal of sewage sludge generated during
the treatment of domestic sewage in a treatment works.
6. 40 CFR (fill in, L 5O3 .18 (a) or 1and 5. 50). 28 a) fox
surface dieposal or § 503.48 (a) for 3.ucinaratorl requires that
Class I sludge management facilities, POTWs with a design flow
rate equal to or greater than one million gallons per day, and
POTWe that serve 10,000 people or more submit certain information
to the permitting authority (EPA) on February 19 of each year.
This information is hereinafter referred to as the “annual sludge
report.”
7. During the calendar year [ 19971, Respondent disposed of
the sewage sludge via [ land app1icatian eutface diapoeal).
J a .AoDliCatiofl
8. 40 CPR 5 503.15 (a) (1 ) requiree that ane of the vector
attra tian réductión requirement in § 503.33 b) (1) through 5
2
-------
503.33(b) (10) shall be met when bulk sewage sludge is applied to
agricultural land, forest, a public contact site, or a
reclamation site. (If sewage sludge is applied to a home or
garden, sold or given away in a bag or other container, Class A
treated sludge is required]
Surface Disvoeal
40 CFR § 503.25(b) requires that one of the vector
attraction reduction requirements in §503.33(b) (1) t irough
§503.33 (b) (11) shall be met when sewage sludge is placed on an
active sewage sludge unit.
9. Based on [ Source of the information - i.e., annual
sludge report] dated (fill in],the Respondent utilizes (fill in
vector attraction option] as described in 40 CFR § 503.33(b) C?)
to comply the vector attraction reduction requirements.
10. 40 CFR § 503.33(b)(fl states that (fill in,
description of option use vector attraction reduction].
11. Respondent (fill in description o violation or vector
attraction].
12. Based on the above findings, Respondent violated the
vector attraction reduction requirement at 40 CFR § 503.33(a) (1),
the operational standards at § 503.15E(c)(l) for land application
or (b) (1) for surface disposal], and therefore, violated Section
405 (e) of the Act, 33 U.S.C. § 1345(e).
3
-------
ORDER FOR COMPLIANCE
Based on the foregoing FINDINGS OF VIOLATION and pursuant to
the authority of Sections 308 and 309 of the Act, 33 U.S.C.
§5 1318 and 1319, IT IS HEREBY ORDERED that Respondent comply
with the following requirements:
13. Upon receipt of this Order, the Respondent shall comply
the requirements as set forth in 40 CFR § 503.33.
14. By C li Li i i i date 1 Cf ill in, athir requiràmeñte
regarding violations ].
15. On or before February 19, {yea4 the Respondent shall
submit the required information a complete and accurate annual
sludge report for the calendar year [ tilt iu’ ëui1.
16. All submissions required by this Order shall be mailed
to the following addressees:
j1!iU in State Director md MdreSI
Mary Kay Lynch, Chief
Water Programs and Enforcement Branch
Water Management Division
U.S. Environmental Protection Agency
Region 4
61 Forsyth Street
Atlanta, GA 30303
17. This Order does not waive or modify or in any way
relieve Respondent of its obligations imposed by the Act or any
other Local, State or Federal law. EPA reserves the right to
seek any and all remedies available under the Act for any
violation cited in this Order.
4
-------
18. This Order shall become effective upon receipt.
Date Robert F. McGhee, Director
Water Management Division
5
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
sludgex.apo
ADMINISTRATIVE COMPLAINT
IN THE MATTER OF
Proceeding to Assess Class I
FACILTY NAME Civil Penalty Under
ADDRESS Section 309(g) of the
Clean Water Act
Respondent. Docket No. CWA-IV 97-XXX
I. STATUTORY AUTHORITY
1. This Administrative Complaint is issued under the authority vested in the
Administrator of the U.S. Environmental Protection Agency (“EPA”) by Section
309(g)(1)(A) of the Clean Water Act (“Act”), 33 U.S.C. § 1319(g)(1)(A). The
Administrator has delegated this authority to the Regional Administrator of EPA
Region 4, who in turn has delegated it to the Director of the Water Management
Division of EPA Region 4, who in turn has delegated it to the Chief of the Water
Programs Enforcement Branch of EPA Region 4 (“Complainant”).
2. Pursuant to Section 309(g)(2)(A) of the Act, 33 U.S.C.
§ 1319(g)(2)(A), and in accordance with the proposed “Consolidated Rules of
Practice Governing Class I Civil Penalties Under the Clean Water Act”, 56 Fed. Reg.
29,996 (July 1, 1991) (“Part 28”), Complainant hereby requests that the Presiding
Officer assess a civil penalty against the NAME OF FACILITY OR PERSON
(“Respondent”) for the unlawful use and disposal of sewage sludge in violation of
Section 405(e) of the Act, 33 U.S.C. § 1345(e).
1
-------
II. ALLEGATIONS
3. The in] (“Respondent”), is a municipa ty, privately owned treatment
works 3 TQj, and is a “person” as defined by Section 502(5) of the Act, 33 U.S.C. §
1362(5), and 40 CFR § 503.9(q), and is thus subject to the requirements of the Act
and 40 CFR Part 503.
4. Respondent owns and operates [ facility døscriptlon], (“facility”), which is a
“treatment works treating domestic sewage” as defined in 40 CFR § 501.2.
5. 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.
6. Section 405(e) of the Act, 33 U.S.C. § 1345(e), makes it unlawful for any
person to dispose of sludge from a treatment works treating domestic sewage except
in accordance with regulations promulgated pursuant to Section 405(d) of the Act, 33
U.S.C. § 1345(d) which are found at 40 CFR Part 503.
7. 40 CFR Part 503 establishes standards for the use and disposal of sludge,
and consists of general requirements, pollutant limits, management practices,
operational standards, for the final use or disposal of sewage sludge generated
during the treatment of domestic sewage in a treatment works.
8. 40 CFR [ fill I n 3 § 50518(a) for land, § 505.28(a) for surface disposal or §
503.48(a) for Incinerator] requires that Class I sludge management facilities, POTWs
with a design flow rate equal to or greater than one million gallons per day, and
2
-------
POTWs that serve 10,000 people or more to submit certain information to the
permitting authority (EPA) on February 19 of each year. This information is
hereinafter referred as the “annual sludge report.”
9. During the calendar year [ 199fl Respondent disposed of [ amount of sludge
In meMo tons, If availablej of sewage sludge via flandappilca von, surface dieposafl.
WRONG MONITORING FREQUENCY
10. 40 CFR [ flU in, § 503.t8(a)(1) for land application, § 50326(a)(1) for
wrface dtsposalj requires that the frequency of monitoring for the pollutants listed in
40 CFR [ 503.13 tot land application 4 or § 503 .23 for surface dlapoaafljthe pØtJ!ogen
density requiSments in § 503.32(a) of in § 503.32(b)(2) through (bX4Y: and the ver4pr
attraction reduction ‘Iequirements §50a33(b)(1)through § $03.33(bXlO)J shall be the
frequency specified in Table 1 of [ fill In 503.16 for laM application or § 503.$ to?
raficn
40 CFR § 50t48(a)requlres that the frequency of r onitodng for arsenic,
cadmium, thromlum had, and nk eh In sewage sludge led to a sewage sludge
incinerator shall be the frequeWcy hi IW o I of § 50346.
11. Based on [ SoUSe of the bifdtmalion - i.e., annual sludje report] dated [ flU
in), Respondent should be monitoring at least [ fill inJ times a year as required in Table
I of (fill fr i § 503.16(a)(i) or § 503.26(aXt) or §503 4 48(a)). Respondent only
monitored [ fill In] times during 19 I t’fr for the (pathogins,’vectpr attraction or metal
5 ).
3
-------
WRONG METAL ANALYSIS
12. 40 CFR § 503.8 requires Respondent to collect and analyze
representative samples of sewage sludge that is applied to the land, placed on a
surface disposal site, or fired in a sewage sludge incinerator in accordance with the
methods set forth therein.
13. In particular, 40 CFR § 503.8(b) requires Respondent to analyze the
sludge for inorganic pollutants in accordance with the methods set forth therein.
NO CERTIFICATION
14. Based on ISource ãf the informátloñtit, irinuat sludge reports dated [ $11!
in], Respondent’did not prefiaxi certification statementS Is requfred in 40 Ct fihlkj
§ 503.1Z(aX ) IS landj 503127(a)(i) for surface dispos4 and/or did not submit the
certfficatkm utatothet lrttheannualik4ge report asrequfred 1n40 (SR Ifill li §
5034 18(a) for land, § 503.28(a) for surface dls osaq.
NO ANNUAL REPORT
(REPLACE PARAGRAPH NO.2 WITH THIS STATEMENT)
15. Respondent owns and operates [ facility d crlption 9tass I sludge
mansgemeh(fa illUei,P91Ws *ith alésign flow rate èquaito of greater thafl one
rnQlion gallcóijér dày ‘and PO 1Ws that sen e 104000 people or more], (“facility”),
which is a “treatment works treating domestic sewage” as defined in 40 CFR § 501.2.
16. Respondent did not submit the annual sludge report to EPA on February
19, 199(t), as required by 40 CFR rnHJn; § 50t18 for land ap licatldn’ 503.$ for
4
-------
srzface disposal or § 503.48 for incinerator]
PATHOGEN REDUCTION VIOLATION
Land Acpllcation
47. 40 CFR § 503j5(agl) requires that Class A pathogen requirements in §
5*32(a) or the VIS B pathogen requIrem nts and s Ite restrictions in § 50332(b)
shall be met when bulk sewage sludge Is applied to agdcultural land, fore$, a public
contact site, or a reclamation site.
SuSce.thspoS
40 CFR 50325($requires that lass A pathogens requliSnénts frt § 503.32(4)
Of One of the Class B pathogen requirements ü § soa32(bgz thiàügh’(bX4) fist. ,
met when sewage sludge is piEced oh an active sewage sludge bnL bnles& the
vector ajtraction reduction requirement In § 5&33(bXll) is met
18. Based on [ Source bi the pfforrnatloh La,’annu$ sIudgeyeport] dated [ fi
ln],Respondent utilizes [ fill in patl n rOduótkm alternative] as described in 40 CFR
[ fill ftt, § 503.32(aX?) tot Class A or 50332(b)(?)for Class B] to comply with the
pathogen reduction requirements.
19. 40 CER [ fill b, § 503.32(aX’?) for Class A or § 503.32(b)(Zhr Class B]
states that [ fill k 4escrip!oh of alternative use for pathogen reduction).
20. Respondent [ fill in description of violation for pathogen ] .
VECTOR ATTRACTION REDUCTION VIOLATION
— — _ ofl .
5
-------
21. 40 CFR § 603.1 5(cX l) requires that one of the vector aftraction reduction
requirements in § 503.33(bXl) through § 503. 33(b)(10) shall be met when bufic
sewage sludge is applied to agricultural land, forest, a public contact site, or a
reclamation site4lf sewage sludge is applIed to a home or garden, ‘sold or given Say
t w a bag or other cor4ain r, CJas r ted sludge Is req iredJ
S u r hee
40 CFR §,5025(b) re%Ørçs tt!aj one of the vectpr attractkm rp4ç ctIon
reqtdmments In § Ot33(b)(1) through § 50&33(bXl 1) shaH be met Wheh éewage
sludg’é is jMaced A an aölki EüWWage slUdge unit.
22. Based on [ Sotifte of the infqrmatlon Lt, annual sludge epqrtJ dated (tl
i4Respondent utilizes (tWin vector attraction option] as described in 40 CFR §
503.33(b)(!P) to comply the vector attraction reduction requirements.
23. 40 CFR § 503.33(b)ç?) states that [ fill k’ , description of option use vector
ittraction reduotlonj.
24. Respondent [ 101 in 4e qiptIon of qloMon for vector attraction].
25. Accordingly, under Section 309(g)(2)(A) of the Act, 33 U.S.C. §
131 9(g)(2)(A), Respondent is liable for the administrative assessment of civil
penalties in an amount not to exceed $10,000 per violation, up to a maximum of
$25,000. Under the Debt Collection Improvement Act of 1996, violations after January
30, 1997, are subject to penalties not to exceed $11,000 per violation , up to
maximum of $27,500.
6
-------
Ill. PROPOSED PENALTY
26. Based on the forgoing Allegations, and pursuant to the authority of Section
309(g)(2)(A) of the Act, the Complainant proposes that the Presiding Officer assess
administrative penalties against Respondent in the amount of .. .. .
Date: _______________ ______________________________
Mary Kay Lynch, Chief
Water Programs Enforcement Branch
Certified as legally sufficient:
_____________________________ Date:
Attomey s Name
Assistant Regional Counsel
7
-------
MODEL ADMINISTRATIVE ORDER FOR
PATHOGENS VIOLATIONS
pathogen . ao
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
IN THE MATTER OF: ) Administrative Order No.
NAME AND ADDRESS OF
FACILITY ) FINDINGS OF VIOLATION AND
ORDER FOR COMPLIANCE
STATtJTORY AUTHORITY
The following FINDINGS are made pursuant to the authority vested
in the Administrator of the Environmental Protection Agency
(“EPA”) by Section 309(a) (1) of the Clean Water Act, as amended
(the “Act”), 33 U.S.C. § 1319(a) (1). This authority has been
delegated to the Regional Administrator of EPA, Region 4, and re-
delegated by the Regional Administrator to the Director, Water
Management Division.
FINDINGS OF VIOLATION
1. The [ fill in] (“Respondent”), is a (municipality,
privately owned treatment works, ETC.], and is a “person” as
defined by Section 502(5) of the Act, 33 U.S.C. § 1362(5), and 40
CFR § 503.9(q), and is thus subject to the requirements of the
Act and 40 CFR Part 503.
2. Respondent owns and operates [ tacility description],
(“facility”), which is a “treatment works treating domestic
sewage” as defined in 40 CFR § 501.2.
3. Respondent is a “person who prepares sewage sludge” as
defined in 40 CFR § 503.9(r), as either the person who generates
1
-------
sewage sludge during the treatment of domestic sewage in a
treatment works or the person who derives a material from sewage
sludge.
4. Section 405(e) of the Act, 33 U.S.C. § 1345(e), makes it
unlawful for any person to dispose of sludge from a treatment
works treating domestic sewage except in accordance with
regulations promulgated pursuant to Section 405(d) of the Act, 33
U.S.C. § 1345(d) which are found at 40 CFR Part 503.
5. 40 CFR Part 503 establishes standards for the use and
disposal of sludge, and consists of general requirements,
pollutant limits, management practices, operational standards,
for the final use or disposal of sewage sludge generated during
the treatment of domestic sewage in a treatment works.
6. 40 CFR (1±13. ±fl, § 503c18(a) ox land, S 5O3;38 a) or
8ur act diepo a,l Or § 503.48(a) for i icinerat OiT requires that
Class I sludge management facilities, POTWs with a design flow
rate equal to or greater than one million gallons per day, and
POTWe that serve 10,000 people or more submit certain information
to the permitting authority (EPA) on February 19 of each year.
This information is hereinafter referred to as the “annual sludge
report.”
7. During the calendar year [ 199?], Respondent disposed of
the sewage sludge via [ land a plication, surface disposa.11.
Land... DDlicat.ion
8. 40 CFR § S03 IS (a) 1) requires that C1a a . patho en
2
-------
requirements in § 503.32(a) or the Class B pathogen requirements
and site leetrictione in § 503.32 (b) shall be met when bulk
setfage sludge is applied to agricultural land, forest, a public
contact site, or a reclamation site.
Surface Disvosal
49 Cfl 503.25(a) requires that Clan, A pathogens requirements
ifl 5503.32(a) or ‘one cf the ‘çlasö, B p thogen rnüiremente ,
§503 .32 ( b) (2) through (b)(4) shall be met when sewage sludge is
placed on an active sewage sludge unit yileeS the vector
attractiou reduction requiretient in §503.33(b) (11) is met.
9. Based on (Source of the information - i.e., annual
sludge report) dated (fill in),the Respondent utilizes tfifl in
pathogen reduction at ernativeF as described in 40 CIR [ fill in,
§ S03.32(a)(?) for Class A6r 50332(b)Wfor Class B! to
comply with the pathogen reduction requirements.
10. 40 CFRLfiU, in, § 503.32 (a) (1) for Class A Or 5
503 .32(b) (?)fo; ,Clflb B) states that [ 411 in, 4esariptio 9f
alteptat lye use for pathogen r4i4uctidnl’.
11. Respondent ‘if ill in description of $ota iQn fo
pathogni
12. Based on the above findings, Respondent violated the
pathogen reduction requirement at 40 CFR § $03.32 tffll in a(t)
for Class A or bit! ‘for Class B, the operational standards at §
503.15(a) (1), and therefore, violated Section 405(e) of the Act,
33 U.S.C. § 1345(e).
3
-------
ORDER FOR COMPLIANCE
Based on the foregoing FINDINGS OF VIOLATION and pursuant to
the authority of Sections 308 and 309 of the Act, 33 U.S.C.
§ 1318 and 1319, IT IS HEREBY ORDERED that Respondent comply
with the following requirements:
13. Upon receipt of this Order, the Respondent shall comply
the requirements as set forth in 40 CFR § 503.32.
14. By (fill in date ’, UiU in ther requirement8
regarding vi.o .at.ion8I.
15. On or before February 19, (year submit a complete and
accurate annual sludge report for the calendar year If ill in
year].
16. All submissions required by this Order shall be mailed
to the following addressees:
LF fl ii state t)irector Sand Addreøsl
Mary Kay Lynch, Chief
Water Programs and Enforcement Branch
Water Management Division
U.S. Environmental Protection Agency
Region 4
61 Forsyth Street
Atlanta, GA 30303
17. This Order does not waive or modify or in any way
relieve Respondent of its obligations imposed by the Act or any
other Local, State or Federal law. EPA reserves the right to
seek any and all remedies available under the Act for any
violation cited in this Order.
4
-------
18. This Order shall become effective upon receipt.
Date Robert F. McGhee, Director
Water Management Division
5
-------
MODEL ADMINISTRMIVE ORDER FOR
NON-REPORTING OF SLUDGE ANNUAL REPORT
nori-rpt .ao
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
IN THE MATTER OF: ) Administrative Order No.
NAME AND ADDRESS OF
FACILITY ) FINDINGS OF VIOLATION MID
ORDER FOR COMPLIANCE
STATUTORY AUTHORITY
The following FINDINGS are made pursuant to the authority vested
in the Administrator of the Environmental Protection Agency
(“EPA”) by Section 309(a) (1) of the Clean Water Act, as amended
(the “Act’ t ), 33 U.S.C. § 1319(a) (1). This authority has been
delegated to the Regional Administrator of EPA, Region 4, and re-
delegated by the Regional Administrator to the Director, Water
Management Division.
FINDINGS OF VIOLATION
1. The (fill in) (“Respondent”), is a (municipality,
privately owned treatment works, ETC.J, and is a “person” as
defined by Section 502(5) of the Act, 33 U.S.C. § 1362(5), and 40
CFR § 503.9 (q), and is thus subject to the requirements of the
Act and 40 CFR Part 503.
2. Respondent owns and operates (facility description,
Class I sludge management facilities,, POTWB with a design flow
rate equal to or greater than one million gallons per day, and
POTWs that serve 10, 000 people or more], (“facility”), which is a
“treatment works treating domestic sewage” as defined in 40 CFR §
501.2.
1
-------
3. Section 405(e) of the Act, 33 U.S.C. § 1345(e), makes it
unlawful for any person to dispose of sludge from a treatment
works treating domestic sewage except in accordance with
regulations promulgated pursuant to Section 405(d) of the Act, 33
U.S.C. § 1345(d) which are found at 40 CFR Part 503.
4. 40 CFR Part 503 establishes standards for the use and
disposal of sludge, and consists of general requirements,
pollutant limits, management practices, operational standards,
for the final use or disposal of sewage sludge generated during
the treatment of domestic sewage in a treatment works.
5. 40 CFR [ fill LU , 5 0318(a) for land, § 503.28(a) for
surface disposal Or § 503 48(a) for incinerator) requires that
Class I sludge management facilities, POTWs with a design flow
rate equal to or greater than one million gallons per day, and
POTWs that serve 10,000 people or more submit certain information
to the permitting authority (EPA) on February 19 of each year.
This information is hereinafter referred to as the “annual sludge
report.”
6. Respondent did not submit the annual sludge report to EPA
on February 19, 199(e), as required by 40 CFR (fill in,! £03.18
for land application, S 503.28 for surface diaposat or § 503.48
for incini’ritor)
7. Based on the above findings, Respondent violated the
reporting requirements outlined at 40 CFR [ fill iUr § 503 1 18(a)
for land application, 5 503.28 for surface disposa l or § 503.48
for incineratorl, and therefore, violated Section 405(e) of the
2
-------
Act, 33 U.S.C. § 1345(e).
ORDER FOR COMPLIANCE
Based on the foregoing FINDINGS OF VIOLATION and pursuant to
the authority of sections 308 and 309 of the Act, 33 u.S.C.
§S 1318 and 1319, IT IS HEREBY ORDERED that Respondent comply
with the following requirements:
8. By (fill in’datej, the Respondent shall submit the
following information, and shall retain the information for five
years:
• The concentration qf each pollutant listed in § 503 . t3
In the sewage sludg ‘ “ ‘ *
k description ot boil tbö iathogeh *óquirentents in ‘
503.32(a)’ for Class A or §503 .32 (b) for Class B are
met.
• A desóriptton of bow one of the vector attractIon
reductipu requirements in § 503 . 33 (h I (1) through £
303.33(b) (10) is met.
• signed ‘copy of the follo4iing certif iãat ion statement;
b certtfy, under penalty of law, St the pathogen
requirements in (iflsert either’ §503.32 (a) for class A
or §503 .32 (b) to; Clasi 83 and ,tbe vector attraction
reduction requirement in Linsert one of the vector
attrAction xedücUon requi± e ents in 5503 33(b) ( )
through $503;33(b) (10) if one of those requirements a
m oW bat& keen met , This determination has been made
under my direction and supervision in accordance with
the .system designed to ensure that qalified personnel
property gather and evaluate the information used to
det rnd*. that the pathogen req4remçnts tand vector:
attraction reduction requirements! have been met. am
aware that ‘thq’e are’ significant pinalt tee for: talse
certification including tba possibility of fine and’
$.nprisonment. ‘ “ ‘
Surfac Diswsal
3
-------
• The concentration of each pollutant listed in § 503.23
in the sewage sludge.
• A signed copy of the following certification statement:
I certify, under penalty of law, that the pathogen
requirements in [ insert § 503.32(a) for Class A or §
503.32(b) for Class B], and the vector attraction
reduction requirements in [ insert one of the vector
attraction reduction requirements in § 503.33(b) (1)
through § 503.33(b) (10) when one of those requirements
is met] have been met. This determination has been
made under my direction and supervision in accordance
with the system designed to ensure that qualified
personnel properly gather and evaluate the information
used to determine the [ pathogen requirements and vector
attraction reduction requirements if appropriate] have
been met. I am aware that there are significant
penalties for false certification including the
possibility of fine and imprisonment.”
• A description of how the pathogen requirements in §
503.32(a) for Class A or § 503.32 (b)for Class B are met
when one of those requirements is met.
• A description of how one of the vector attraction
reduction requirements in § 503.33(b) (1) through §
503.33(b) (10) is met when one of those requirements is
met.
cineratoi
• The once at ó of 1éad arsex ic * aadt ii*m, ‘db omtunt
and nicke]. in the ewage sludge Led to the øewage
eludg incerato*
• XntormaUon that indtcItes the *egutrements In the
National Thuiss ion Standard for beryllium in subpart C
of 40 C R Mzt 61 a e *et .
• S X LóxmUôfl that indicate8 the requirements In the
National’ Emiseton Standard for mercury in subpart E of
40 CPR Part 6 are met.
• The cmuøtion te èratures, includtng the ma mum
combustion teuiparàture, for the sewage sludge
4
-------
Values for ‘the air pollution control device operating
pax ameters 4
• The oxygen’ conaentrat ion auid. i format ion ’ uoed ‘to
measure moisture content in the exit gas from th
sewage eludge inaineratcr stacI .
9. On or before February 19, {year} the Respondent shall
submit a complete and accurate annual sludge report for the
calendar year U LU in yea4.
10. All submissions required by this Order shall be mailed
to the following addressees:
tPLll tate Di ector aMMdx eaiT
Mary Kay Lynch, Chief
Water Programs and Enforcement Branch
Water Management Division
U.S. Environmental Protection Agency
Region 4
61 Forsyth Street
Atlanta, GA 30303
11. This Order does not waive or modify or in any way
relieve Respondent of its obligations imposed by the Act or any
other Local, State or Federal law. EPA reserves the right to
seek any and all remedies available under the Act for any
violation cited in this Order.
12. This Order shall become effective upon receipt.
5
-------
Date Robert F. McGhee, Director
Water Management Divig ion
6
-------
MODEL 1 ADMINISTRATIVE ORDER FOR
NO CERTIFIC ATION STATEMENT IN ANNUAL SLUDGE REPORT
no-certi . ao
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
IN THE MATTER OF: ) Administrative Order No.
NAME AND ADDRESS OP
FACILITY ) FINDINGS OF VIOLATION AND
ORDER FOR COMPLIANCE
STATUTORY AUTHORITY
The following FINDINGS are made pursuant to the authority vested
in the Administrator of the Environmental Protection Agency
(“EPA”) by Section 309(a) (1) of the Clean Water Act, as amended
(the “Act”), 33 U.S.C. § 1319(a) (1). This authority has been
delegated to the Regional Administrator of EPA, Region 4, and re-
delegated by the Regional Administrator to the Director, Water
Management Division.
FINDINGS OF VIOLATION
1. The (fill in) (“Respondent”), is a [ municipality,
privately owned treatment works, ETC.), and is a “person” as
defined by Section 502(5) of the Act, 33 U.S.C. § 1362(5), and 40
CFR § 503.9(q), and is thus subject to the requirements of the
Act and 40 CFR Part 503.
2. Respondent owns and operates [ facility description],
(“facility”), which is a “treatment works treating domestic
sewage” as defined in 40 CFR § 501.2.
3. Respondent is a “person who prepares sewage sludge” as
defined in 40 CFR § 503.9(r), as either the person who generates
1
-------
sewage sludge during the treatment of domestic sewage in a
treatment works or the person who derives a material from sewage
sludge.
4. Section 405(e) of the Act, 33 U.S.C. § 1345(e), makes it
unlawful for any person to dispose of sludge from a treatment
works treating domestic sewage except in accordance with
regulations promulgated pursuant to Section 405(d) of the Act, 33
U.S.C. § 1345(d) which are found at 40 CFR Part 503.
5. 40 CFR Part 503 establishes standards for the use and
disposal of sludge, and consists of general requirements,
pollutant limits, management practices, operational standards,
for the final use or disposal of sewage sludge generated during
the treatment of domestic sewage in a treatment works.
6. During the calendar year [ 199?), Respondent disposed of
the sewage sludge via (land a lication, aur face d epoaa1).
7. 40 CFR (fill En, S 503.17 (a) (l)for land application S
SO3,.27(a 1) faz surface disposal) requires the Respondent to
develop certain information for recordkeeping purposes. This
information should be retained for 5 years.
8. 40 CFR (fill n, 5 503 18 (aY for land, 5 O3 28(a) for
surface diaposal âr 503.48(a) for incinerator) requires that
Class I sludge management facilities, POTWs with a design flow
rate equal to or greater than one million gallons per day, and
POTWa that serve 10,000 people or more submit certain information
to the permitting authority (EPA) on February 19 of each year.
This information is hereinafter referred to as the “annual sludge
2
-------
report.”
9. Based on [ Source of the information - i.e , annual
sludge reporti dated (lilt in), the Respondent did not prepare
certification statements as required in 40 CFR (fill in, §
50317(a) (1) for land, § 503.27(a)(1) for surface disposal]
and/or did not submit the certification statements in the annual
sludge report as required in 40 CER Cf ill in, 0 503 .18(a) for
land, 5 503.28(a) for surface disposal].
10. Based on the above findings, Respondent violated
certification requirements outlined at 40 CFR (fill inS 5**.17
for land or 5 503.27’ for surface disposal), 40 CFR. (fill in, 5
503: 18 fdi’land,.J 50E28 fcfr surficE disposal], and therefore,
violated Section 405(e) of the Act, 33 U.S.C. § 1345(e).
ORDER FOR COMPLIANCE
Based on the foregoing FINDINGS OF VIOLATION and pursuant to
the authority of Sections 308 and 309 of the Act, 33 U.S.C.
§0 1318 and 1319, IT IS HEREBY ORDERED that Respondent comply
with the following requirements:
11. By jflhl ia date] the Respondent shall submit a
certification statement(s) for pathogen and vector attraction
reduction requirement(s) as set forth in 40 CFR § 503.17, and
shall retain this information for 5 years.
12. On or before February 19, {year} the Respondent shall
submit a complete and accurate annual sludge report for the
calendar year [ fill ifl yeari.
3
-------
13. All submissions required by this Order shall be mailed
to the following addressees:
i11 Instate Director and Addreøsj
Mary Kay Lynch, Chief
Water Programs and Enforcement Branch
Water Management Division
U.S. Environmental Protection Agency
Region 4
6]. Forsyth Street
Atlanta, GA 30303
14. This Order does not waive or modify or in any way
relieve Respondent of its obligations imposed by the Act or any
other Local, State or Federal law. EPA reserves the right to
seek any and all remedies available under the Act for any
violation cited in this Order.
15. This Order shall become effective upon receipt.
Date Robert F. McGhee, Director
Water Management Division
4
-------
MODEL ADMINISTRATIVE ORDER FOR
IMPROPER MONITORING FREQUENCY
monitor. ao
UNITED STATES ENVIRONNENTAL PROTECTION AGENCY
REGION 4
IN THE MAITER OF: ) Administrative Order No.
NAME AND ADDRESS OF )
FACILITY ) FINDINGS OF VIOLATION AND
ORDER FOR COMPLIANCE
STATUTORY AUTHORITY
The following FINDINGS are made pursuant to the authority vested
in the Administrator of the Environmental Protection Agency
(“EPA”) by Section 309(a) (1) of the Clean Water Act, as amended
(the “Act”), 33 U.S.C. § 1319(a) (1) . This authority has been
delegated to the Regional Administrator of EPA, Region 4, and re-
delegated by the Regional Administrator to the Director, Water
Management Division.
FINDINGS OF VIOLATION
1. The (fill in] (“Respondent”), is a [ municipality,
privately owned treatment works, ETC.1, and is a “person” as
defined by Section 502(5) of the Act, 33 U.S.C. § 1362(5), and 40
CFR § 503.9(q), and is thus subject to the requirements of the
Act and 40 CFR Part 503.
2. Respondent owns and operates [ facility description],
(“facility”), which is a “treatment works treating domestic
sewage” as defined in 40 CFR § 501.2.
3. Respondent is a “person who prepares sewage sludge” as
defined in 40 CFR § 503.9(r), as either the person who generates
1
-------
sewage sludge during the treatment of domestic sewage in a
treatment works or the person who derives a material from sewage
sludge.
4. Section 405(e) of the Act, 33 U.S.C. § 1345(e), makes it
unlawful for any person to dispose of sludge from a treatment
works treating domestic sewage except in accordance with
regulations promulgated pursuant to Section 405(d) of the Act, 33
U.S.C. § 1345(d) which are found at 40 CFR Part 503.
5. 40 CFR Part 503 establishes standards for the use and
disposal of sludge, and consists of general requirements,
pollutant limits, management practices, operational standards,
for the final use or disposal of sewage sludge generated during
the treatment of domestic sewage in a treatment works.
6. 40 CFR (fill iii, 1- 503.18(a) for landr S 503 .28(a) tar
surface disposal or 5 503.48(a) for in ineratorT requires that
Class I sludge management facilities, POTWs with a design flow
rate equal to or greater than one million gallons per day, and
POTWs that serve 10,000 people or more to submit certain
information to the permitting authority (EPA) on February 19 of
each year. This information is hereinafter referred as the
“annual sludge report.”
7. During the calendar year [ 199?), Respondent disposed of
(amount of sludge] metric tons of sewage sludge via [ land
application. surf ace disposalI.
8. 40 CFR. tf ill in,. 5 503.16(a) 1) Lot land applieatio , §
3.26 (a) (1} for surface dieposali requires that the frequency of
2
-------
monitoring for the pollutants listed in 40 CFR $ 503.13 fat laud
application . or S 503.23 for surface disposall (the pathogen
density ré üirements in § 503.32(a) or in 0 503.32(b) (2) through
4b) (4) and the vector attraction reduction requirements S
50E33W) (1) through § 503 . 13th) 1O)1 . shall be the frequency
specified in Table 1 of IfSfl in § 503 16 for land application
I 503. 26”f&. surface tepoSall.
ibtinerat iot i
40 C R. S 503,.46(a)req 1 uires that the requenq of tionitqrp 4
‘ a $ic ,’ ca nit tm, øSo!nitrn . lead, and nickel in sewagq,slu4
to a seage sludge incinerator shall be the frequency in
Table 1. of ’S 503.46.
9. Based on (Source of the information - i.e. 1 annual
hludge report) dated (till iAJ, the Respondent should be
monitoring at least (fill in1 times a year as required in Table 1
of Kill inS 503.16(a) l) or 503.26(aflflor S 503.46(a)j.
The Respondent only monitored (fill 4 J: times during 19 Ifillin]
for the (pathb Ss vjctor att actfd öIt Stat ‘anàlysiii.
10. Based on the above findings, Respondent violated the
monitoring frequency requirements outlined at 40 CFR (till in
50L16 £óE Iiñd oatS 50S.26 for surface disposal k 03 - 46 ft
t çin tato4, and therefore, violated Section 405(e) of the Act,
33 U.S.C. § 1345(e).
3
-------
ORDER FOR COMPLIANCE
Based on the foregoing FINDINGS OF VIOLATION and pursuant to
the authority of Sections 308 and 309 of the Act, 33 U.S.C.
§S 1318 and 1319, IT IS HEREBY ORDERED that Respondent comply
with the following requirements:
11. Upon receipt of this Order, (analyses for pollutant,
pathogen 4$sity requirements and vèctqr attrattian reduction!
shall be performed as set forth in 40 CFRLS 503.16 for land Or S
50) .26 for surface dSsposal b’r 5*3.46 r ’ ‘thinSitiofi.’J
12. On or before February 19, {year}. the Respondent shall
submit a complete and accurate annual sludge report for the
calendar year (fin Sn year ).
13. All submissions requested by this Order shall be mailed
to the following addressees:
( nfl Sn t ate Di e tor and Address) .
Mary Kay Lynch, Chief
Water Programs and Enforcement Branch
Water Management Division
U.S. Environmental Protection Agency
Region 4
61 Forsyth Street
Atlanta, GA 30303
14. This Order does not waive or modify or in any way
relieve Respondent of its obligations imposed by the Act or any
other Local, State or Federal law. EPA reserves the right to
seek any and all remedies available under the Act for any
violation cited in this Order.
15. This Order shall become effective upon receipt.
4
-------
Date Robert F. McGhee, Director
Water Management Division
5
-------
metal . ao
MODEZ ADMINISTRATIVE ORDER FOR
IMPROPER INORGANIC POLLUTANT ANALYSES
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
IN THE MATTER OF: ) Administrative Order No.
NAME AND ADDRESS OF
FACILITY ) FINDINGS OF VIOLATION AND
ORDER FOR COMPLIANCE
STATUTORY AUTHORITY
The following FINDINGS are made pursuant to the authority vested
in the Administrator of the Environmental Protection Agency
(“EPA”) by Section 309(a) (1) of the Clean Water Act, as amended
(the “Act”), 33 U.S.C. S 1319(a) (1). This authority has been
delegated to the Regional Administrator of EPA, Region 4, and re-
delegated by the Regional Administrator to the Director, Water
Management Division.
FINDINGS OF VIOLATION
1. The (fill in I (“Respondent”), is a [ municipality,
privately owned treatment works, ETC.], and is a “person” as
defined by Section 502(5) of the Act, 33 U.S.C. § 1362(5), and 40
CFR § 503.9(q), and is thus subject to the requirements of the
Act and 40 CFR Part 503.
2. Respondent owns and operates [ facility description],
(“facility”), which is a “treatment works treating domestic
sewage” as defined in 40 CFR § 501.2.
3. Respondent is a “person who prepares sewage sludge” as
3.
-------
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.
4. Section 405(e) of the Act, 33 U.S.C. § 1345(e), makes it
unlawful for any person to dispose of sludge from a treatment
treatment works treating domestic sewage except in accordance
with regulations promulgated pursuant to Section 405(d) of the
Act, 33 U.S.C. § 1345(d) which are found at 40 CFR Part 503.
5. 40 CFR Part 503 establishes standards for the use and
disposal of sludge, and consists of general requirements,
pollutant limits, management practices, operational standards,
for the final use or disposal of sewage sludge generated during
the treatment of domestic sewage in a treatment works.
6. 40 CFR tf ill i r 5 £03 L8(a) or +and 5 503.28(a) for
aur ace diapoeal or I 503 • 48(a) Lor incinerator) requires that
Class I sludge management facilities, POTWs with a design flow
rate equal to or greater than one million gallons per day, and
POTW5 that serve 10,000 people or more submit certain information
to the permitting authority (EPA) on February 19 of each year.
This information is hereinafter referred to as the “annual sludge
report.”
7. During the calendar year L199fl, Respondent disposed of
the sewage sludge via (3.and application, sur ace dispoaafl.
8. 40 CFR § 503.8 requires Respondent to collect and
2
-------
analyze representative samples of sewage sludge that is applied
to the land, placed on a surface disposal site, or fired in a
sewage sludge incinerator in accordance with the methods set
forth therein.
9. In particular, 40 CFR § 503.8(b) requires Respondent to
analyze the sludge for inorganic pollutants in accordance with
the methods set forth therein.
10. Based on Respondent’s annual sludge report dated tfiU
in], Respondent did not use the test method for inorganic
pollutants as specified at 40 CFR § 503.8(b) (4).
11. Based on the above findings, Respondent violated the
sampling requirements outlined at 40 CFR § 503.8, and therefore,
violated Section 405(e) of the Act, 33 U.S.C. § 1345(e).
ORDER FOR COMPLIANCE
Based on the foregoing FINDINGS OF VIOLATION and pursuant to
the authority of Sections 308 and 309 of the Act, 33 U.S.C.
§S 1318 and 1319, IT IS HEREBY ORDERED that Respondent comply
with the following requirements:
12. Upon receipt of this Order, use the analyses methods as
set forth in 40 CFR § 503.8.
13. By ilhi t, d te} (ftU in otb€ re irerne it regàrd in g
analyeea that applyl
14. On or before February 19, (year the Respondent shall
submit a complete and accurate annual sludge report for the
calendar year (fill in year}.
3
-------
15. All submissions required by this Order shall be mailed
to the following addressees:
tFilL in State Director and M reasJ
Mary Kay Lynch, Chief
Water Programs and Enforcement Branch
Water Management Division
U.S. Environmental Protection Agency
Region 4
61 Forsyth Street
Atlanta, GA 30303
16. This Order does not waive or modify or in any way
relieve Respondent of its obligations imposed by the Act or any
other Local, State or Federal law. EPA reserves the right to
seek any and all remedies available under the Act for any
violation cited in this Order.
17. This Order shall become effective upon receipt.
Date Robert F. McGhee, Director
Water Management Division
4
-------
O S1q
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION4
ATLANTA FEDERAL CENTER
% bJI d 61 I Tt1 TREET, SW
ATLANTA. GEORGIA 30303-8909
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
STATE DIRECTOR
ADDRESS
SUBJ: Notice of Proposed Penalty Assessment
Docket No. CWA-IV 97-XXX
FACILITY NAME
Dear ______
Enclosed is a copy of the Administrative Complaint which contains a proposed
administrative penalty assessment which the Administrator of the United States
Environmental Protection Agency (EPA) proposes to issue to the (“RESPONDENT”)
pursuant to Section 309(g), 33 U.S.C. § 1319(g), of the Clean Water Act (Act). The
Administrator proposes to issue the Complaint to begin the process to
administratively assess a Class I civil penalty of up to $25,000 against the
(RESPONDENT) for violations of the Act. Under the Debt Collection Improvement
Act of 1996, violations after January 30, 1997, are subject to penalties not to exceed
$11,000 per violation, up to maximum of $27,500.
Because the violations have occurred in the State of _____, EPA is offering to
you an opportunity to confer with us regarding the proposed assessment. If you wish
to request a conference, or if you have any comments or questions regarding the
matter, you may call me at (404)562-XXXX, or your staff may call Arthur Collins, at
(404)562-9742. A request for a conference must be made within fifteen (15) days of
receipt of this letter. The conference may be in person or by telephone and may
cover any matters relevant to the proposed assessment.
A copy of EPA procedures governing the assessment of Class I administrative
penalty under the Act is enclosed for your reference.
Sincerely,
Mary Kay Lynch, Chief
Water Programs Enforcement Branch
Water Management Division
Rscycl.d/Rscyclabl.• Pnrtted wrth Vegetable Oil Based Inks on 100% Recycled Paper (40% Postoonsumer)
-------
Enclosures
cc: Regional Hearing Clerk
bc: EAD/OWLS
EPA HQ
2
-------
IO Slqp
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
ATLANTA FEDERAL CENTER
I 100 ALABAMA STREET, S W.
L PRO ’ ATLANTA, GEORGIA 30303-3104
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
RESPONDENT
ADDRESS
SUBJ: Notice of Proposed Penalty Assessment
Docket No. CWA-IV 97-XXX
FACILITY NAME
Dear
Enclosed is an Administrative Complaint which the U.S. Environmental
Protection Agency (EPA) is issuing to the (RESPONDENT) as a result of our
determination that it has failed to (DESCRIPTION OF VIOLATION] in violation of
Section 405(e) of the Clean Water Act, 33 U.S.C. § 1345(e). The requirements
(DESCRIPTION OF VIOLATIONSI are set forth at 40 CFR § 503.XXX, respectively.
This Complaint requests that a penalty of______ be assessed against the
(RESPONDENT).
The (RESPONDENT) has the right to a hearing to contest the factual
allegations in this Complaint. If the facility admits the allegations, or they are found
to be true after a hearing, the (RESPONDENT) has the right to contest the penalty
proposed in the Complaint. I have enclosed a copy of the procedures the Agency
follows in cases of this kind. Please note the requirements for a Response in §
28.2(u) and 28.20. If you wish to contest the allegations in the Comølaint or the
oenaltv orooosed in the Complaint, you must file a Response within thirty (30) days of
your receiøt of the enclosed Complaint to the EPA Regional Hearing Clerk at the
following address :
Regional Hearing Clerk
U. S. EPA Region 4
61 Forsyth St.
Atlanta, GA 30303
If the (RESPONDENT) does not file a Response by the applicable deadline
(see § 28.20(a) and (b)), the (RESPONDENT) a default judgement will be entered
against you. If a default judgement is entered, the allegations in the Complaint will
Recycled/Recyclable • Pnnted with Vegelable Oil Based Inks on 100% Recycled Paper (40 Postconsumer)
-------
o Si 1 ,
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTAFEDERALCENTER
i 1f ed to be admitted as true e4RffaPQW ENT) will have waived your
rf Mot appear in this action foiAJr q 1Q 1?, 1 t y Agency proceedings that
occur before a civil penalty may be imposed. Provided that the Administrative
Complaint is legally sufficient, the Presiding Officer will find the (RESPONDENT)
liable for a civil penalty, and the Regional Administrator may then assess a civil
penalty of up to $Per pity fl . for your alleged violations. Under the Debt
Collection Improvement Act of 1996, violations after January 30, 1997, are subject to
penalties not to exceed $11,000 per violation, up to maximum of $27,500.
The (RESPONDENT) has the right to be represented by an attorney at any
stage of the proceedings, including any informal discussions with EPA. If you or any
responsible officials have any questions, wish to discuss a settlement of this matter
with the Agency by an informal conference, or would like to receive an extension of
the thirty-day deadline to file a Response in order to discuss settlement of this case,
please immediately contact ENFORCEMENT OFFICER at (404)562-XXXX. A
settlement discussion neither relieves the (RESPONDENT) its need to file a
Response to the Complaint, nor affects what the (RESPONDENT) may choose to say
in a Response.
Sincerely,
Mary Kay Lynch, Chief
Water Programs Enforcement Branch
Water Management Division
Enclosures
cc: STATE OFFICE
Regional Hearing Clerk
bc: EAD/OWLS
EPA HQ
Printed with Vegetable Oil Based tnks on 100% Recycled Paper (40 ’. Postconsumer)
-------
Docket No. 97-XXX
CERTIFICATE OF SERVICE
I certify that the forgoing Class I Administrative Complaint and Opportunity to
Request Hearing or Informal Conference was sent to the following persons, in the
manner specified, on the date below:
Original hand-delivered:
Ms. Julia Mooney
Regional Hearing Clerk
U.S. EPA
Region 4
Atlanta Federal Center
61 Forsyth Street
Atlanta, GA 30303
Copy by certified mail,
return receipt requested:
(RESPONDENT)
NAME & ADDRESS
(STATE DIREç TOR)
NAME & ADDRESS
Dated: ___________________
Susan Pope
Enforcement Officer
U.S. EPA Region 4
Atlanta Federal Center
61 Forsyth Street
Atlanta, GA 30303
-------
ST 4 1 .
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
ATLANTA FEDERAL CENTER
100 ALABAMA STREET, S W
ATLANTA, GEORGIA 30303 3104
Ms. Julia Mooney
Regional Hearing Clerk
U.S. EPA
Region 4
Atlanta Federal Center
61 Forsyth Street
Atlanta, GA 30303
Re: In the Matter of the RESPONDENT
Docket No. CWA-IV 97-XXX
Dear Ms. Mooney:
Enclosed for filing please find a Class I Administrative Complaint pursuant to
Section 309(g)(2)(A) of the Clean Water Act (Act), 33 U.S.C. § 131 9(g)(2)(A), for the
failure to fDESCR PT1ON OF VIOLATIONSJ in violation of Section 405(e) of the Act,
33 U.S.C. § 1345(e), and the associated regulations at 40 CFR § 503.XX,
respectively.
Sincerely,
Mary Kay Lynch, Chief
Water Programs Enforcement Branch
Water Management Division
Recycled/Recyclable • Pnnted with Vegetable C V Based Inks on 100% Recycled Paper (40% Poslconsumer)
-------
ItO S7q
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
/j7 ATLANTA FEDERAL CENTER
61 FORSYTH STREET, SW letter. ao
Ppa ATLANTA, GEORGIA 30303-8909
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
Ms. Virginia B. Wetherell, Secretary
Florida Department Environmental Protection
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
SUBJ: Respondent
Administrative Order No. 9X-XXX
Dear Ms. Wetherell:
Pursuant to Section 309(a) of the Clean Water Act, I have
determined that the above referenced facility is in violation of
the Clean Water Act. As a result, I have issued an Administrative
Order, a copy of which is enclosed for your reference. The Order
is presently being served.
Sincerely,
Robert F. McGhee, Director
Water Management Division
Enclosure
bc: Office of Regional Counsel
Enforcement Branch/EPA HQ
Rscyclsd/RicycIbI Pnnted with Vegetable OH Based Inks on 100% Recycled Paper (40% Poslconsumer)
-------
S7 q .
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
4
‘ TTJ ATLANTAFEDERALCENTER
100 ALABAMA STREET, S W
p o ATLANTA, GEORGIA 30303-31 04
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
R SPONDE fl NAME &
ADDRESS S
SUBJ: Administrative Order No.
Dear
Pursuant to Section 309(a) of the Clean Water Act (CWA), as
amended, the Director, Water Management Division, Region 4, United
States Environmental Protection Agency (EPA), has determined that
the above named facility is in violation of Section 405 of the CWA.
As a result, the Director has issued the enclosed Section 309
Order.
This Order is issued to enforce existing requirements under
the CWA and therefore, does not replace, modify or eliminate any
other requirement of the CWA. Notwithstanding the issuance of this
Section 309(a) (5) Order, the EPA retains the right to bring further
enforcement action under Section 309(d) or 309(g) of the CWA, for
the violations cited in this Order and for any other violation of
the CWA. Violations of the CWA, including requirements contained
in a National Pollutant Discharge Elimination System (NPDES) permit
or a Section 309(a) (5) Order, remain subject to a civil penalty of
up to $25,000 per day for each violation pursuant to Section 309(d)
of the CWA. Under the Debt Collection Improvement Act of 1996,
violations after January 30, 1997, are subject to penalties not to
exceed $27,500 per day of violation. Such violations of the CWA
may also be subject to criminal action.
Under Executive Order 11738 and EPA regulations issued
thereunder (40 Code of Federal Regulations, Part 15), facilities to
be utilized in contracts, grants, or loans must be in full
compliance with all standards established pursuant. to the Clean
Water Act and the Clean Air Act. A violation of this Order may
result in the subject facility becoming ineligible for
participation in any work associated with a federal contract,
grant, or loan.
RecycledlRacyclable • Pflnteci with Vegetable Oil Based inks on 100% Recyded Paper (40% Postconsumer)
-------
2
Should you have any questions concerning the enclosed Order,
please contact E PORCBR O FZCER at (404)562-97XX.
Sincerely,
Mary Kay Lynch, Chief
Water Programs Enforcement Branch
Water Management Division
Enclosure
cc: State Office
bc: Headquarters
EADI OWLS -Attorney/T. Shirley-Wright
-------
p
-------
NPDES
MODEL STORMWATER DOCUMENTS.
-------
S7 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION4
ATLANTA FEDERAL CENTER
61 FORSYTIl STREET. SW sw-sic.ao
ATLANTA. GEORGIA 30303-8909
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
First Name- Last Name-
Title—
Company Name-
Address linel-
Address line2-
City—, State— Zip-
StJBJ: Administrative Order No. AO Docket No-
Dear Mr/Me- Last Name-:
Pursuant to Section 309(a) of the Clean Water Act (Act), as
amended, 33 U.S.C. § 1319(a), the Director, Water Management
Division, Region 4, United States Environmental Protection Agency
(EPA), has determined that the above referenced facility is in
violation of Section 308 of the Act, 33 U.S.C. § 1318. As a
result, the Director has issued the enclosed Findings and Order.
This Order is issued to enforce existing requirements under
the Act and therefore, does not replace, modify or eliminate any
other requirement of the Act. Notwithstanding the issuance of
this Section 309(a) Order, the EPA retains the right to bring
further enforcement action under Section 309(d) or 309(g) of the
Act, 33 U.S.C. §1319(d) or 33 U.S.C. § 1319(g), for the
violations cited in this Order and for any other violation of the
Act. Violations of the Act, including requirements contained in
a National Pollutant Discharge Elimination System (NPDES) permit
or a Section 309(a) Order, remain subject to a civil penalty of
up to $27,500 per day for each violation pursuant to Section
309(d) of the Act. Such violations of the Act may also be
subject to criminal action.
Under Executive Order 11738 and EPA regulations issued
thereunder (40 Code of Federal Regulations, Part 15), facilities
to be utilized in contracts, grants, or loans must be in full
compliance with all standards established pursuant to the Clean
Water Act and the Clean Air Act. A violation of this Order may
result in the subject facility becoming ineligible for
participation in any work associated with a federal contract,
grant, or loan.
RscycIs RscycIabI. Printed with Vegetable Oil Based Inks on %O0% Recycled Paper (40% Postoonsumer)
-------
2
Should you have any questions concerning the enclosed Order,
please contact Enf Officer- . of my staff at (404) 562-Extension-..
Sincerely,
Mary Kay Lynch, Chief
Water Programs Enforcement Branch
Water Management Division
Enclosure
cc: Florida Department of
Environmental Protection
bc: OWLS/HAD
EPA Headquarters
City of Miami
Dade County Environmental Resources Management
____HOM Enf Officer-. COLLINS LYNCH BANISTER
-------
S7 4
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION4
______ ATLANTA FEDERAL CENTER
61 FORSYTH STREET SW sw-sic . apo
4j oi P ATLANTA, GEORGIA 30303-8909
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
Ms. Virginia Wetherell
Secretary
Florida Department of Environmental
Protection
2600 Blair Stone Road
Tallahassee, FL 32399-2400
St.JBJ: Notice of Proposed Administrative Penalty Assessment
Docket No. CWA-IV “FAPO Docket No”
“FCompany Name
Dear Ms. Wetherell:
Enclosed is a copy of the Administrative Complaint which
contains a proposed administrative penalty assessment which the
Administrator of the United States Environmental Protection
Agency (EPA) proposes to issue to AFCompany Name” pursuant to
Section 309(g), 33 U.S.C. §1319(g), of the Clean Water Act (Act).
The Administrator proposes to issue the Complaint to begin the
process to assess administratively a Class I civil penalty of up
to $25,000 against “FCompany NameA for violations of the Act.
Under the Debt Collection Improvement Act of 1996, violations
after January 30, 1997, are subject to penalties not to exceed
$27,500.
Because the violations have occurred in the State of
Florida, EPA is offering to you an opportunity to confer with us
regarding the proposed assessment. If you wish to request a
conference, or if you have any comments or questions regarding
the matter, you may call me at (404) 562-9330, or your staff may
call “FEnf Officer” of the Clean Water Act Enforcement Section at
(404) 562- ”FExtension ”. A request for conference must be made
within fifteen (15) days of receipt of this letter. The
conference may be in person or by telephone and may cover any
matters relevant to the proposed assessment.
Pnntd wutfl Vegetable Oil Based Inks on 100% Recycled Paper (40% Postconsumer)
-------
2
A copy of EPA procedures governing the assessment of Class I
administrative penalties under the Act is enclosed for your
reference.
Sincerely,
Mary Kay Lynch, Chief
Water Programs Enforcement Branch
Water Management Division
Enclosures
CC: Florida Department of
Environmental Protection
Regional Hearing Clerk
bc: OWLS/EAD - M. English
OWLS/EAD - AFAttorney NameA
EPA HQ
-------
O S7
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
I 100 ALABAMA STREET, SW.
4( p i S’ ATLANTA, GEORGIA 30303-3104
CERTIFIED MAIL
RETtJRN RECEIPT REQUESTED
REF: 4WM-WPEB
AFFirat NameA AFLt NameA
AFT itle
AFCoTnpany NameA
AFAd ess 1ine1’
AFAd ess line2A
AFCItYA AFSttA ApZipA
SUBJ: Docket No. CWA-IV AFAPO Docket NOA
AFCompany Name A
Dear AFMr/MsA AFLa5t NameA:
Enclosed is an Administrative Complaint which the U.S.
Environmental Protection Agency (EPA) is issuing to you as a
result of our determination that you have unlawfully failed to
apply for a National Pollutant Discharge Elimination System
(NPDES) permit for a discharge of storm water associated with an
industrial activity in violation of Section 308 of the Act, 33
U.S.C. § 1318. The Complaint requests that a penalty of
AFpenalty AmountA be assessed against you for these violations.
You have the right to a hearing to contest the factual
allegations in the Complaint. If you admit the allegations, or
they are found to be true after you have had an opportunity for a
hearing on them, you have the right to contest the penalty
proposed in the Complaint. I have enclosed a copy of the
procedures the Agency follows in cases of this kind. Please note
the requirements for a Response in §S28 .2 Cu) and 28.20. If you
wish to contest the allegations in the Complaint or the penalty
proposed in the Complaint, you must file a Response within thirty
( 30) days of your receipt of the enclosed Complaint to the EPA
Regional Hearing Clerk at the following address :
Regional Hearing Clerk
U. S. EPA Region 4
61 Forsyth Street, S.W.
Atlanta, Georgia 30303
If you do not file a Response by the applicable deadline
(see §28.20(a) and (b)), you will have defaulted. Each
allegation in the Complaint will be deemed to be admitted as true
by you. You will have waived your right to appear in this action
f or any purpose and will also have waived your right to be
Recycled/Recyclable • Pnnted with Vegetable Oil Based inks on 100% Recycled Paper (40% Poslconsumer)
-------
2
notified of any Agency proceedings that occur before a civil
penalty may be imposed. Provided that the Administrative
Complaint is legally sufficient, the Presiding Officer will then
find AFCOmpany NameA liable for a civil penalty, and the Regional
Administrator may then assess against you a civil penalty of up
to $10,000 per violation for your alleged violations. Under the
Debt Collection Improvement Act of 1996, violations after January
30, 1997, are subject to penalties not to exceed $11,000 per
violation.
You have the right to be represented by an attorney at any
stage of the proceedings, including any informal discussions with
EPA. If you have any questions, wish to discuss a settlement of
this matter with the Agency by an informal conference, or would
like to receive an extension of the thirty day deadline to file a
Response in order to discuss settlement of this case, please
immediately contact AFEnf Of ficer’ of the Clean Water Act
Enforcement Section at (404) 562_AFExtensionA. A settlement
discussion neither relieves you of your need to file a Response
to the Complaint, nor affects what you may choose to say in a
Response.
Sincerely,
Mary Kay Lynch, chief
Water Programs Enforcement Branch
Water Management Division
Enclosures
CC: Florida Department of
Environmental Protection
Regional Hearing Clerk
bc: OWLS/HAD - M. English
OWLS/HAD - AFAttorney NameA
EPA HQ
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ADMINISTRATIVE COMPLAINT
IN THE MATI’ER OF I
I Proceeding to Assess Class I
AFCompany NameA Civil Penalty Under
AFAd ess line1’ Section 309(g) of the
AFAddI line2’ Clean Water Act
ApCityA AFSttA
Respondent . ___Docket No. CWA-IV AFAPO Docket NOA
I • STATUTORY AUTHORITY
1. This Administrative Complaint is issued under the
authority vested in the Administrator of the U.S. Environmental
Protection Agency (“EPA”) by Section 309(g) (2) (A) of the Clean
Water Act (“Act”), 33 U.S.C. § 1319(g) (2) (A). The Administrator
has delegated this authority to the Regional Administrator of EPA
Region 4, who in turn has delegated it to the Director of the
Water Management Division of EPA Region 4, who in turn has
delegated it to the Chief of the Water Programs Enforcement
Branch of EPA Region 4 (“Complainant”).
2. Pursuant to Section 309(g) (2) (A) of the Act, 33 U.S.C.
§ 1319(g) (2) (A) and in accordance with the proposed “Consolidated
Rules of Practice Governing Class I Civil Penalties Under the
Clean Water Act,” 56 Fed. Reg. 29,996 (July 1, 1991) (“Part 28”),
Complainant hereby requests that the Presiding Officer assess a
civil penalty against AFCompany NameA (“Respondent”) for the
unlawful failure to apply for a National Pollutant Discharge
Elimination System (NPDES) permit for a discharge of storm water
associated with an industrial activity in violation of Section
-------
308 of the Act, 33 U.S.C. § 1318.
2
-------
II. ALLEGATIONS
3. AFCompany NameA, (Respondent) is a 1 ’person” within the
meaning of Section 502(5) of the Act, 33 U.s.c. §1362(5).
4. The objective of the Act, as defined in Section 101(a)
of the Act, 33 U.S.C. §1251(a), is to restore and maintain the
chemical, physical and biological integrity of the nation’s
waters.
5. To accomplish the objective of the Act, Section 301(a)
of the Act, 33 U.S.C. §1311(a), prohibits the discharge of
pollutants by any person except in compliance with certain
sections of the Act, including Section 402 of the Act, 33 U.S.C.
§1342.
6. Section 402 of the Act, 33 U.S.C. §1342, established a
National Pollutant Discharge Elimination System (NPDES) permit
program.
7. Section 402(p) of the Act, 33 U.S.C. §1342(p), added to
the Act in 1987, requires an NPDES permit for storm water
discharges (storm water permit) from a municipal separate storm
sewer system (MS4) serving a population above a certain size and
storm water discharges “associated with industrial activity”.
8. Section 402(a) of the Act, 33 U.S.C. §1342(a),
authorizes EPA to administer the NPDES permit program including
the issuance of storm water permits.
9. Pursuant to the Act, including Sections 308 and 402(p)
of the Act, 33 U.S.C. §1318 and §1342(p), the Administrator of
EPA promulgated regulations setting forth the permit application
3
-------
requirements for storm water discharges. 55 Federal Register
47,990 (November 16, 1990). These regulations are codified at 40
CFR 122.26 (storm water regulations).
10. The storm water regulations require each person of a
point source with a discharge “associated with industrial
activity” to obtain a storm water permit. 40 CFR
122.26 (a) (1) (ii).
11. A storm water discharge “associated with industrial
activity” includes discharges from facilities classified as
Standard Industrial Classification AFSICA 40 CFR 122.26(b) (14).
12. 40 CFR 122.26(c) provides that “Dischargers of storm
water “associated with industrial activity” are required to apply
for an individual permit, apply for a permit through a group
application, or seek coverage under a promulgated storm water
general permit.”
13. On August 28, 1992, the EPA issued General Storm Water
Permit No. FLR000000. The effective date of the Permit was
September 9, 1992. The General Permit is a statewide NPDES permit
governing storm water discharges from operators of storm water
discharges “associated with industrial activity”, located in the
State of Florida, who submit a Notice of Intent in accordance
with Part II of the permit.
14. On September 29, 1995, the EPA issued the Final NPDES
Storm Water Multi- Sector General Permit for Industrial
Activities. The effective date of the Permit was September 29,
1995. The General Permit is a statewide NPDES permit governing
4
-------
storm water discharges from 29 industrial sector operators of
storm water discharges “associated with industrial activity”,
located in the State of Florida, who submit a Notice of Intent.
15. During the week of April 21, 1997, EPA, Region 4,
conducted an onsite survey of the Respondent’s facility and
determined the primary service and/or product is classified under
the categories of industrial activities as defined in 40 CFR
122.26(b) (14).
16. The City of Miami’s and Dade County’s MS4 have
outf ails that discharge to navigable waters as defined in Section
502(7) of the Act, 33 U.S.C. § 1362(7).
17. The City of Miami and Dade County, Florida receive
approximately, 50 inches of rainfall annually which include
“storm water” as defined in 40 CFR 122.26(b) (13).
18. The Respondent owns and/or operates a facility located
at AFAd ess linelA, AFCityA AFStateA and is identified as a
facility “associated with industrial activity”, with a Standard
Industrial Classification code AFSICA, as defined in 40 CFR
122.26(b) (14), that discharges storm water into the MS4, and thus
into waters of the United States.
19. The facility site discharges storm water, which is a
“discharge of pollutants” within the meaning of Section 301 of
the Act, 33 U.S.C. § 1311, because storm water contains
“pollutants”, within the meaning of Section 502(6) of the Act, 33
U.S.C. § 1362(6).
20. The storm water is discharged through a point source,
5
-------
including discharges through the MS4, within the meaning of
Section 502(14) of the Act, 33 U.S.C. § 1362(14).
21. The discharges are not authorized by an NPDES permit.
22. Section 301(a) of the Act, 33 U.S.C. §1311(a),
prohibits the discharge of any pollutants into the waters of the
United States except in compliance with certain sections of the
Act, including Section 402, 33 U.S.C. § 1342.
23. The Respondent’s failure to apply for a National
Pollutant Discharge Elimination System (NPDES) permit for a
discharge of storm water associated with an industrial activity
as described above is in violation of Section 308 of the Act, 33
U.S.C. § 1318. Consequently, under Section 309(g) (2) (A) of the
Act, 33 U.S.C. § 1319(g) (2) (A), the Respondent is liable for the
administrative assessment of civil penalties in an amount not to
exceed $10,000 per violation, up to a maximum of $25,000. Under
the Debt Collection Improvement Act of 1996, violations after
January 30, 1997, are subject to penalties not to exceed $11,000
per violation, up to a maximum of $27,500.
III. PROPOSED PENALTY
24. Based on the forgoing Allegations, and pursuant to the
authority of Section 309(g) (2) (A) of the Act, the Complainant
proposes that the Presiding Officer assess administrative
penalties against the Respondent in the amount of ‘FPenalty
mountA.
Date: _____________ _______________________
Mary Kay Lynch, Chief
6
-------
Water Programs Enforcement Branch
Certified as legally sufficient:
__________________________ Date: ____________________
AFAttorney NameA
Assistant Regional Counsel
7
-------
Docket No. CWA-IV AFAPO Docket
NOA
CERTIFICATE OF SERVICE
I certify that the forgoing Class I Administrative
Complaint and Opportunity to Request Hearing or Informal
Conference was sent to the following persons, in the manner
specified, on the date below:
Original hand-delivered:
Ms. Julia Mooney
Regional Hearing Clerk
U.S. EPA
Region 4
61 Forsyth Street, S.W.
Atlanta, Georgia 30303
Copy by certified mail,
return receipt requested:
*FFirst NameA AFLast NameA
A FTit leA
AFCompany Name’
AFAddress linel”
“FAddress line2’
AFCjtYA, “FState ” “FZip ”
Ms. Virginia Wetherell
Secretary
Florida Department of Environmental
Protection
2600 Blair Stone Road
Tallahassee, FL 32399-2400
Dated: _______________________
Susan Pope, Compliance Analyst
U.S. EPA Region 4
61 Forsyth Street
Atlanta, Georgia 30303
-------
Ms. Julia Mooney
Regional Hearing Clerk
U.S. EPA
Region 4
6]. Forsyth Street, S.W.
Atlanta, Georgia 30303
SUBJ: In the Matter of AFCompany NameA
Docket No. CWA-IV AFAPO Docket NOA
Dear Ms. Mooney:
Enclosed for filing please find a Class I Administrative
Complaint pursuant to Section 309(g) (2) (A) of the Clean Water Act
(Act), 33 U.S.C. §1319(g) (2) (A), for the unlawful failure to
apply for a National Pollutant Discharge Elimination System
(NPDES) permit for a discharge of storm water associated with an
industrial activity in violation of Section 308 of the Act, 33
U.S.C. § 1318.
Sincerely,
May Kay Lynch, Chief
Water Programs Enforcement Program
Water Management Division
Enclosure
-------
Notes on the Proposed Penalty for
AFC mpaxLy NameA
July 1997
The AFCompany Name’ (Respondent), located at AFAddress
linel’, Miami, Florida is the owner/operator and is a “person” as
defined in Section 502 of the Clean Water Act (Act), which
operates a facility with an industrial activity identified with
the Standard Industrial Classification code AFSICA Based on its
SIC code and storm water discharge, the Respondent is subject to
EPA’s storm water rules.
During the week of April 21, 1997, EPA conducted a storm
water survey of the Respondent’s facility and determined that the
primary industrial activity is subject to the storm water rules
of 40 CFR 122.26, pursuant to Section 402(p) of the Act.
Specifically, the facility has a storm water conveyance
associated with an industrial activity as defined in 40 CFR
122.26(b) (14) and discharges into the City of Miami’s! Dade
County’s municipal separate storm sewer system (MS4) and into the
Miami River, which is a water of the United States, as defined in
Section 502(7) of the Act, and the implementing regulations, 40
C.F.R. 122.2. It is determined that the Respondent did not apply
nor received coverage under a storm water National Pollutant
Discharge Elimination System (NPDES) permit. Such a permit
application was available to be submitted by November 18, 1991 or
for a group application, by March 18, 1991. Additionally, the
option for NPDES coverage via the NPDES General Permit for Storm
Water Discharges Associated With Industrial Activity (effective
date September 9, 1992) and the NPDES Storm Water Multi-Sector
General Permit for Industrial Activities (effective date
September 29, 1995) is available. AFc0 date formed .
Pursuant to Section 309(g) (3) of the Clean Water Act, 33
U.S . C. §1319 (g) (3), in proposing the penalty amount, complainant
considered the nature, circumstances, extent and gravity of the
violations, the ability of the violator to pay a penalty, any
prior history of the violations, the degree of culpability, the
economic benefit or savings resulting from the violations, and
such other matters as justice may require.
Nature, Circumstances, Extent, and Gravity of the Violations
The alleged violation is the failure to apply for a storm
water NPDES permit in a timely manner. The 1987 storm water
provisions in the Act required the EPA to establish regulations
for storm water discharges “associated with industrial activity”.
On November 19, 1990, EPA defined such discharges requiring an
NPDES permit based on certain SIC codes. The Respondent is
subject to these requirements based on its SIC code: APSICA.
Recognizing the administrative burdens that may be placed on
industries, States, municipalities and EPA, EPA established
options for industries other than an individual NPDES permit and
provided flexibility in compliance through Best Management Plans
(BMP) and Storm Water Pollution Prevention Plans (SWPPP). The
-------
permit application process should have been relatively non-
burdensome to Respondents.
The Miami and Dade County, Florida area receives 50 inches
of rainfall annually. The storm water discharge from the
Respondent enters into the MS4 and ultimately into the Miami
River, classified as an “Outstanding Florida Water”, which is
defined as “a water body with exceptional recreational or
ecological significance”.
Based on the 1996 Water Quality Assessment for the State of
Florida Section 305(b) Main Report, urban storm water is one of
the major surface water problems, particularly in urban centers
such as this geographic area. The State’s analysis indicate the
area of concern is “worse” in terms of water quality trends (from
better, same, to worse) and has identified this watershed under
the 303(d) draft list. Based on the State’s water quality index,
an additional indicator, the area is rated “poor” (from good,
fair, to poor) in its water quality.
The proposed penalty for the above factors IS: $5,000.
Ability to Pay:
The complainant has not requested nor has the Respondent
provided financial data to consider this factor.
Prior History of Violations:
There is no prior history.
Decree of Culpability:
40 CFR 122.26 storm water rules were in effect since
November 16, 1990. The proposed penalty for the above factor iS:
$980.
Economic Benefit:
The economic benefit by not applying for an NPDES permit is
approximately $6. This is based on an estimated one time nominal
cost of $14 to submit a Notice of Intent (1992 dollars)’. The
total economic benefit is $20.
Other Matters that Justice May Require:
None.
Proposed Penalty:
The complainant believes that the assessed penalty amount
of FPenalty AmountA represents a fair application of the factors
identified in Section 309(g) (3) of the Act.
1 57 FR 51252 (September 9, 1992)
2
-------
DO NOT NAIL
Proposed Penalty Calculations
AFCompany Name A
July 1997
Nature, Circumstances, and Extent of the Violations:
Date A B C D B Total
(Sum÷1) *$1, 000
1991/1992 0 0 0 0 4 $5,000.00
/1995
TOTAL: $5,000.00
In which “A” is the significance of the violations, “B” is
the health and environmental harm, “C” is the number of
violations, “D” is the duration of noncompliance, and “B” is the
noneffluent violation factor.
The basis of this complaint is the failure to apply for an
NPDES permit to the Permit Authority by the Respondent.
Therefore, factor “B” applies and has a range between 1 and 10.
Since the requirements were in effect since 1990, a mid- range
value of l!4N was selected.
Economic Benefit:
The economic benefit by not applying for an NPDES permit is
$6. This is based on an estimated one time nominal cost of $14
to submit a Notice of Intent (1992 dollars). Using the BEN
model, and applying the above estimate, the economic benefit is
$20. The economic benefit could also be determined based on
applying for an individual permit, however, the EPA intended for
applicants to submit the NOl for general permit coverage to ease
the administrative burden, and therefore, the cost of submitting
the NOl is assumed.
ability to Pay:
The EPA has not requested nor has the Respondent provided
financial data to consider this factor.
Prior History of Violations:
There is no prior history.
Decree of Culpability:
40 CFR 122.26 storm water rules were in effect since
November 16, 1990. The proposed penalty for the above factor IS:
$980.
Other Matters as Justice May Require:
None.
1
-------
DO NOT NAZIs
The total proposed Administrative penalty is AFPenalty i mountA.
Proposed Penalty Calculations
Statutory Maximum: $25,000 (<1997); $10,000.00
$27,500 (>1997) * No. of
Vio lations:l
Nature, Circumstances, Extent and $5,000.00
Gravity:
BEN: $20.00
Prior History of Violations: $0.00
Decree of Culpability: $980.00
ability to Pay: $0.00
Other Matters as Justice May $0.00
Require:
Proposed Penalty: $6,000.00
2
-------
E8F TEMEWE CONFIDENTIAL
Settlement Calculations
AFCompany NameA
July 1997
The EPA Interim Clean Water Act Settlement Penalty Policy
dated February 28, 1995, considers the factors: 1) gravity for
significance of effluent violations, number of violations, health
and environmental harm, significance of nonef fluent violations;
2) economic benefit; 3) gravity adjustments for flow reduction,
quick settlement, environmental auditing; 4) litigation
considerations (for nonmunicipal and for municipal); 5) ability
to pay; and 6) adjustment for a supplemental environmental
project.
The following factors are considered:
Gravity:
Date A B C D Total
(Sum+1) *$1, 000
1991/1992 0 0 0 2 $3,000.00
/1995
TOTAL: $3,000.00
In which “A” is the significance of the violations, “B” is
the health and environmental harm, “C” is the number of effluent
violations, “D” is the significance of noneffluent violations
factor.
The basis of this complaint is the failure to apply for an
NPDES permit to the Permit Authority by the Respondent.
Therefore, factor “D” applies and has a range between 1 and 10
(see page 11 of the EPA Interim Clean water Act Settlement
Penalty Policy). For settlement purpose, a value of “2” was
selected.
Economic Benefit:
The economic benefit by not applying for an NPDES permit is
$6. This is based on an estimated one time cost of $14 (1992
dollars). Using the BEN model, and applying the above estimate,
the economic benefit is $20. The economic benefit could also be
determined based on applying for an individual permit, however,
the EPA intended for applicants to submit the NOl for general
permit coverage to ease the administrative burden, and therefore,
the cost of submitting the NOl is assumed.
Gravity Adjustments:
The small flow factor applies arid an adjustment of 10% of
gravity is given.
1
-------
ENFLTB EMAWJJ CONFIDENTIAL
BEN:
subtotal (gravity and BEN):
Adjustments:
small flow:
quick settlement:
recalcitrance factor:
total gravity adjustments:
Preliminary Penalty Amount:
Ability to Pay Reduction:
Litigation Consideration:
Municipality Consideration:
SEP:
$10,000.00
$3,000.00
$0.00
$3,000.00
($300.00)
($300.00)
$0.00
($600.00)
$2,400.00
$0.00
($799.00)
$0.00
The quick settlement factor applies and an adjustment of
10% of gravity is given.
Litigation Considerations:
The EPA Interim Clean Water Act Settlement Penalty Policy
allows a reduction of up to one third of the preliminary penalty
amount (gravity + BEN +1- gravity adjustment). A reduction of
$800 is applied in consideration for this factor. Even though
- various factors, including but not limited to, the amount of
annual rainfall, the gradient of the property towards the MS4,
the exposure of materials to storm water, are indicative of a
storm water discharge, the inspection team did not witness a
storm water discharge from the facility into the MS4.
Based on the calculations, the bottom line settlement
amount is $1,600.
Settlement Calculations
Statutory Maximum: $25,000 (<1997);
$27,500 (>1997) * No. of
Violations :1
avity:
$0.00
$0.00
2
-------
EHF EME&Z CONFIDENTIAL
Bottom line Settlement:** $1,601.00 $0.00
* * ROUND OFF TO $1,600.
2.
-------
CERTIFIED MAIL
RETURN RECEIPT RROUESTED
REF: 4WM-WPEB
AFFiret NameA ‘FLast Name’
AFT1t 1eA
AFCo an Name A
AFAd e linelA
AFAdcfress line2’
Ap j yA AFStateA AFZ1PA
StJBJ: Tentative Consent Order, Docket No. CWA-IV AFAPO Docket
NOA
ApCO an NameA
Dear AFMr/MBA AFLa5t Name”:
Pursuant to converse of the Environmental Protection Agency
(EPA), enclosed please find a tentative Consent Order. If after
review, you find that this document accurately reflects our
agreement, please sign and return it to Mr. Arthur L. Collins,
chief of the Clean Water Act Enforcement Section.
Once the Consent Order is formalized with both your
signature and that of the appropriate EPA official, an executed
copy will be sent to you. The issuance of this Consent Order
shall constitute a waiver by you of your right to a hearing on,
and to a judicial appeal of, the agreed upon civil penalty.
If you have any questions, please contact “FEnf Off icerA at
(404) 562_ApExtensionA.
Sincerely,
Mary Kay Lynch, Chief
Water Programs Enforcement Branch
Water Management Division
Enclosure
bc: OWLS/BAD - “FAttorney Name”
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
IN THE MATTER OF I
CONSENT ORDER
ApCompany Name’
AFAdd.re linel’ I
‘FAddress line2’
AFCityA, AFSttA
Docket No. CWA-IV AFApO Docket
NOA
Respondent .
I. STAT UTORY AUTHORITY
1. This Consent Order is issued under the authority vested
in the Administrator of the U.S. Environmental Protection Agency
(“EPA”) by Section 309(g) (2) (A) of the Clean Water Act (“Act”),
as amended, 33 U.S.C. S 1319(g) (2) (A). The Administrator has
delegated this authority to the Regional Administrator of EPA
Region 4, who in turn has delegated it to the Director of the
Water Management Division of EPA Region 4, who in turn has
delegated it to the chief of the Water Programs Enforcement
Branch of EPA Region 4. In accordance with the “Consolidated
Rules of Practice Governing Class I Civil Penalties Under the
Clean Water Act,” 56 Fed. Reg. 29,996 (July 1, 1991) (“Part 28”),
the Chief of the Water Programs Enforcement Branch hereby issues
this Consent Order.
II. STIPULATIONS AND FINDINGS
The Respondent, by its attorney or other authorized
representative, stipulates and EPA finds as follows:
2. EPA issued an Administrative Complaint, Docket No. CWA-
-------
IV AFAPO Docket NOA, pursuant to Section 309(g) (2) (A) of the Act,
33 U.S.C. § 1319(g) (2) (A), alleging that Respondent was in
violation of Section 308 of the Act, 33 U.S.C. § 1318, and
proposing a penalty of AFPenalty Axnount’.
3. In the Administrative Complaint, EPA alleged that:
a. AFC0mpany NameA, (Respondent) is a “person” within the
meaning of Section 502(5) of the Act, 33 U.S.C. §1362(5).
b. The objective of the Act, as defined in Section 101(a)
of the Act, 33 U.S.C. §1251(a), is to restore and maintain the
chemical, physical and biological integrity of the nation’s
waters.
c. To accomplish the objective of the Act, Section 301(a)
of the Act, 33 U.S.C. §1311(a), prohibits the discharge of
pollutants by any person except in compliance with certain
sections of the Act, including Section 402 of the Act, 33 U.S.C.
§1342.
d. Section 402 of the Act, 33 U.S.C. §1342, established a
National Pollutant Discharge Elimination System (NPDES) permit
program.
e. Section 402(p) of the Act, 33 U.S.C. §1342(p), added to
the Act in 1987, requires an NPDES permit for storm water
discharges (storm water permit) from a municipal separate storm
sewer system (MS4) serving a population above a certain size and
storm water discharges “associated with industrial activity”.
f. Section 402(a) of the Act, 33 U.S.C. §1342(a),
authorizes EPA to administer the NPDES permit program including
the issuance of storm water permits.
g. Pursuant to the Act, including Sections 308 and 402(p)
of the Act, 33 U.S.C. §1318 and §1342(p), the Administrator of
EPA promulgated regulations setting forth the permit application
requirements for storm water discharges. 55 Federal Register
47,990 (November 16, 1990). These regulations are codified at 40
CFR 122.26 (storm water regulations).
h. The storm water regulations require each person of a
point source with a discharge “associated with industrial
activity” to obtain a storm water permit. 40 CFR
122.26 (a) (1) (ii)
I. A storm water discharge “associated with industrial
activity” includes discharges from facilities classified as
2
-------
Standard Industrial Classification AFSIC . 40 CFR 122.26(b) (14)
j. 40 CFR 122.26(c) provides that “Dischargers of storm
water “associated with industrial activity” are required to apply
for an individual permit, apply for a permit through a group
application, or seek coverage under a promulgated storm water
general permit.”
k. On August 28, 1992, the EPA issued General Storm Water
Permit No. FLR000000. The effective date of the Permit was
September 9, 1992. The General Permit is a statewide NPDES permit
governing storm water discharges from operators of storm water
discharges “associated with industrial activity”, located in the
State of Florida, who submit a Notice of Intent in accordance
with Part II of the permit.
1. On September 29, 1995, the EPA issued the Final NPDES
Storm Water Multi- Sector General Permit for Industrial
Activities. The effective date of the Permit was September 29,
1995. The General Permit is a statewide NPDES permit governing
storm water discharges from 29 industrial sector operators of
storm water discharges “associated with industrial activity”,
located in the State of Florida, who submit a Notice of Intent.
m. During the week of April 21, 1997, EPA, Region 4,
conducted an onsite survey of the Respondent’s facility and
determined the primary service and/or product is classified under
the categories of industrial activities as defined in 40 CFR
122.26(b) (14).
n. The City of Miami’s and Dade County’s MS4 have outf ails
that discharge to navigable waters as defined in Section 502(7)
of the Act, 33 U.S.C. § 1362(7).
o. The City of Miami and Dade County, Florida receive
approximately, 50 inches of rainfall annually which include
“storm water” as defined in 40 CFR 122.26(b) (13).
p. The Respondent owns and/or o erates a facility located
at FAddress linelA, AFCityA, FState and is identified as a
facility “associated with industrial activity”, with a Standard
Industrial Classification code AFSIC , as defined in 40 CFR
122.26(b) (14), that discharges storm water into the MS4, and thus
into waters of the United States.
q. The facility site discharges storm water, which is a
“discharge of pollutants” within the meaning of Section 301 of
the Act, 33 U.S.C. § 1311, because storm water contains
“pollutants”, within the meaning of Section 502(6) of the Act, 33
U.S.C. § 1362(6).
r. The storm water is discharged through a point source,
3
-------
including discharges through the MS4, within the meaning of
Section 502(14) o the Act, 33 U.S.C. § 1362(14).
s. The discharges are not authorized by an NPDES permit.
t. Section 301(a) of the Act, 33 U.S.C. §1311(a), prohibits
the discharge of any pollutants into the waters of the United
States except in compliance with certain sections of the Act,
including Section 402, 33 U.S.C. § 1342.
u. The Respondent’s failure to apply for a National
- Pollutant Discharge Elimination System (NPDES) permit for a
discharge of storm water associated with an industrial activity
as described above is in violation of Section 308 of the Act, 33
U.S.C. § 1318. Consequently, under Section 309(g) (2) (A) of the
Act, 33 U.S.C. § 1319(g) (2) (A), the Respondent is liable for the
administrative assessment of civil penalties in an amount not to
exceed $10,000 per violation, up to a maximum of $25,000. Under
the Debt Collection Improvement Act of 1996, violations after
January 30, 1997, are subject to penalties not to exceed $11,000
per violation, up to a maximum of $27,500.
[ IF RESPONDENT ADMITS THE VIOLATIONS:
4. Respondent admits the facts and findings of violation as
alleged in the Administrative Complaint as set forth above, and
waives (his/hen its] right (IF NO § 28.26 HEARING HAS BEEN HELD:
to a hearing under Section 309(g) (2) (A) of the Act, 33 U.S.C. §
1319(g) (2) (A), and] to appeal this Consent Order under Section
309(g) (8) (A) of the Act, 33 U.S.C. § 1319(g) (8) (A) . (IF THERE
HAVE BEEN COMMENTERS: Respondent reserves (his/her/its] right to
contest any petition to set aside this Consent Order on the basis
that the material evidence, if any, presented by the petitioners
was considered in the issuance of this Consent Order.]
(IF RESPONDENT REFUSES TO ADMIT THE VIOLATIONS:
5. Respondent admits the jurisdictional allegations in the
Administrative Complaint as set forth above and neither admits
nor denies the specific violation(s) alleged in the
4
-------
Administrative Complaint. Respondent waives (his/her/its] right
(IF NO § 28.26 HEARING HP S BEEN HELD: to a hearing under Section
309(g) (2) (A) of the Act, and] to appeal this Order under Section
309(g) (8) (A) of the Act, 33 U.S.C. § 1319(g) (8) (A) . (IF THERE
HAVE BEEN COMMENTERS: Respondent reserves [ his/her/its] right to
contest any petition to set aside this Consent Order on the basis
that the material evidence, if any, presented by the petitioners
was considered in the issuance of this Consent Order.]
5
-------
III. CONSENT ORDER
6. Based on the forgoing Stipulations and Findings, [ IF
THERE HAVE BEEN COMMENTS RECEIVED: and having taken into account
material information presented by commenters in this case,] and
under the authority of Section 309(g) (2) (A) of the Act, 33 U.S.C.
§ 1319 (g) (2) (A), EPA HEREBY ORDERS AND RESPONDENT HEREBY
CONSENTS, that:
a. (No later than thirty (30) days after] (Upon] the
effective date of this Consent Order as defined in Section VI,
the Respondent shall submit a money order or a cashier’s or
certified check in the amount of $(amount], payable to
Treasurer, United States of America to:
EPA Region 4
P.O. Lock Box 100142
Atlanta, Georgia 30384
b. The Respondent shall note on the penalty payment check
or money order the title and docket number of this case. The
Respondent shall submit copies of the check or money order to the
following persons:
Ms. Julia Mooney
Regional Hearing Clerk
U.S. Environmental Protection Agency
Region 4
61 Forsyth Street, S.W.
Atlanta, Georgia 30303
and
6
-------
Ms. Susan J. Pope
Clean Water Act Enforcement Section
Water Programs Enforcement Branch
Water Management Division
U.S. Environmental Protection Agency
Region 4
61 Forsyth Street, S.W.
Atlanta, Georgia 30303
7. Failure by the Respondent to pay the penalty assessed by
this Consent Order in full by its due date may subject Respondent
to a civil action to collect the assessed penalty, plus interest,
attorney’s fees, costs and an additional quarterly nonpayment
penalty pursuant to Section 309(g) (9) of the Act, 33 U.S.C. §
1319(g) (9). In any such collection action, the validity, amount
and appropriateness of the AFPenalty AmountA penalty shall not be
subject to review.
IV. GENERAL PROVISIONS
8. The provisions of this Consent Order shall be binding
upon Respondent, (his/her/its] officers, directors, agents,
servants, employees, and successors or assigns.
9. This Consent Order does not constitute a waiver,
suspension or modification of the requirements of the Clean Water
Act, 33 U.S.C. § 1251 et seq., or any regulation promulgated
thereunder.
10. Each signatory party shall bear its own costs and fees
associated with this action.
V. RESERVATION OF RIGHTS
11. The United States specifically reserves all rights to
pursue criminal enforcement as well as the right to initiate an
action for imminent and substantial endangerment, including the
7
-------
right to seek injunctive relief and/or the imposition of
statutory penalties. This reservation of rights does not waive
any other rights the United States may have but has not stated
herein.
8
-------
VI. EFFECTIVE DATE
[ IF THERE HAVE BEEN NO COMMENTERS;
12. This Consent Order shall become effective thirty (30)
days after completion of service.]
(IF THERE HAVE BEEN COMMENTERS:
12. This Consent Order shall become effective thirty (30)
days from the day that the Respondent receives the fully executed
Consent Order, unless a petition to the Regional Administrator to
set aside the Consent Order is filed by a commenter pursuant to
Part 28 and Section 309(g) (4) (C) of the Act, 33 U.S.C. §
1319 (g) (4) (C). If the Regional Administrator denies the
petition, pursuant to Part 28, this Consent Order shall become
effective thirty (30) days after such denial].
AFCOMPANY N.AME’
Date: ______________
AFFirst Name AFLast NameA,
Authorized Representative of Respondent
U. S. ENVIRONMENTAL PROTECTION AGENCY
Date: ______________
Mary Kay Lynch, Chief
Water Programs Enforcement Branch
Water Management Division
U.S. EPA Region 4
Issued this _________ day of ____ . 19
9
-------
NOTE: IF THERE HIWE BEEN COMMENTERS, the Water Management
Division Director MUST issue the Consent Order, therefore,
include the Director and moc ify the first paragraph by removing
reference to delegation to the branch level.
10
-------