EPA v. BOROUGH OF, TAMAQUA AND TAMAQUA BOROUGH AUTHORITY (BOROUGH OF, TAMAQUA WWTP)

Case summary

On September 29, 2023, the Director of ECAD, Region 3, entered into an AOC with the Borough of Tamaqua and Tamaqua Borough Authority ( Respondents ) for violations of their Pennsylvania National Pollutant Discharge Elimination System ( NPDES ) Permit for Domestic Sewage, Permit No. PA0027006 ( the Permit ). Respondent, Tamaqua Borough Authority, is the owner and Respondent, Borough of Tamaqua, is the operator of a domestic sewage wastewater treatment plant (WWTP) located at 32 Sewer Plant Road, Tamaqua, PA (the Facility ). The Facility discharges from its wastewater treatment plant into Little Schuylkill River. Violations identified at the Facility include fifteen Permit exceedances of the instantaneous maximum limits for biological oxygen demand (BOD), coliform, and total suspended solids (TSS). as well the instantaneous minimum limits for nitrogen and phosphorous. In addition, Respondent failed to, among other things, implement Nine Minimum Controls, failed to properly record discharge monitoring reports (DMRs), failed to notify PADEP of a plant upset due to a toxic slug, and failed properly sample effluent discharge. Respondent has agreed to develop a plan and a schedule to implement corrective actions to address the violations alleged in the AOC including the construction of a new WWTP upgrades of up to 22 million dollars. The injunctive relief in the AOC is intended to resolve the outstanding violations and return the Facility to compliance. The Facility is located in an environmental justice community per EJ screen. EPA has coordinated with PADEP throughout the enforcement process.

Defendants (2)

• TAMAQUA BOROUGH AUTHORITYNamed in settlement
• BOROUGH OF, TAMAQUANamed in settlement

Facilities (2)

• TAMAQUA BORO

  32 SEWAGE PLANT RD, TAMAQUA, PA, 18252

  Registry ID: 110010128254

• BOROUGH OF, TAMAQUA WWTP

  32 SEWER PLANT RD, TAMAQUA, PA, 18252

  Registry ID: 110071498060

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BOROUGH OF, TAMAQUA AND TAMAQUA BOROUGH AUTHORITY (BOROUGH OF, TAMAQUA WWTP)entered 2023-09-29

  Primary law: CWA

Timeline (2 milestones)

• 2023-09-29Final Order Issued
• 2023-10-03Enforcement Action Data Entered