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

Case summary

On September 25, 2024, the Regional Judicial Officer executed a Final Order ratifying the Consent Agreement entered into by the Director of ECAD and the Borough of Tamaqua ( Respondent ) for violations of its NPDES permit (NPDES Permit # PA0027006) effluent discharge limitations at the Tamaqua Wastewater Treatment Plant ( WWTP ) located in 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. Under the terms of the settlement, Respondent has agreed to pay a civil penalty in the amount of $10,000.00 to settle the alleged violations in accordance with the terms and conditions set forth in the Consent Agreement and Final Order. The public notice period of forty days required by 40 C.F.R. 22.45 was published on July 18, 2024 and expired August 28, 2024. No public comments were received during the public comment period regarding this settlement. The EJSCREEN assessment indicates that the Facility is located in an area of potential EJ concern. This Consent Agreement and Final Order initiates and concludes this penalty action.

Defendants (2)

• TAMAQUA BOROUGH AUTHORITYNamed in complaintNamed in settlement
• BOROUGH OF TAMAQUANamed in complaintNamed 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 2024-09-25

  Primary law: CWA

  Federal penalty: $10,000

Timeline (5 milestones)

• 2024-09-25Complaint Filed/Proposed Order
• 2024-09-25Final Order Issued
• 2024-09-26Enforcement Action Data Entered
• 2024-10-29NPDES Closed
• 2024-10-29Enforcement Action Closed