EPA v. JAFFREY TOWN OF

Case summary

On September 22, 2010, EPA issued an Administrative Order ( Order ) to the Town of Jaffrey, New Hampshire ( Town or Jaffrey ) to address NPDES Permit exceedances. Specifically, the Town has discharged wastewater containing total recoverable aluminum ( TR Al ) at levels greater than the average monthly limit of 87 micrograms per liter ( ug/l) contained in its NPDES Permit. The Order requires Jaffrey to, within 120 days of the effective date, submit: (a) a summary of its efforts to comply with the TR Al limit of its NPDES Permit; (b) a Scope of Work ( SOW ) describing the additional source controls and treatment measures that it will investigate to achieve compliance with the TR Al limit of its NPDES Permit; and (c) a proposed schedule for the preparation of an engineering report that recommends short-term and long-term corrective measures to achieve and maintain compliance with the NPDES Permit. Jaffrey has expressed an interest to EPA in performing surface water studies that will either confirm that the new NPDES Permit 87 ug/l average monthly limit for TR Al is appropriate or suport site-specific criteria development and a NPDES Permit modification request to revise the limit. The Order requires the Town to notify EPA and NHDES as to whether or not it will perform the Aluminum Study. If the Town choses to conduct the study, the Order requires submission if a proposed Work Plan and schedule for EPA and NHDES approval or disapproval. If approved, Jaffrey shall conduct the study, and prepare and submit a report of the data and the Town's conclusion as to whether or not the data support a modification of the TR Al limit of the NPDES Permit pursuant to EPA regulations and the NH water Quality Standards. If the Town requests a modification, EPA will make a determination whether to modify the NPDES Permit or to deny the modification request. Within 30 days of any of the following: (a) receipt of EPA's disapproval of the Aluminum Study Work Plan; (b) receipt of EPA's denial of a permit modification request; (c) the Town's failure to submit the final comprehensive engineering report or the final Aluminum Study report; or (d) the Town's failure to achieve compliance with the TR Al limit after implementing the comprehensive engineering report recommendations, the Order requires the Town to submit a plan for achieving and maintaining compliance with the NPDES Permit as soon as practicable and by no later than November 1, 2013. The plan shall include an evaluation of further source controls and alternative treatment technologies and upgrades at the WWTF. The Order includes interim effluent limits for TR Al and requires the Town to prepare and submit quarterly work progress reports.

Defendants (1)

• JAFFREY TOWN OFNamed in settlement

Facilities (1)

• JAFFREY WASTEWATER TREATMENT FACILITY

  OLD SHARON ROAD, JAFFREY, NH, 03452

  Registry ID: 110006619294

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• JAFFREY TOWN OFentered 2010-09-22

  Primary law: CWA

Timeline (4 milestones)

• 2010-09-22Final Order Issued
• 2010-09-22Enforcement Action Data Entered
• 2012-08-01NPDES Closed
• 2012-08-01Enforcement Action Closed