EPA v. HENDERSON WATER UTILITY

Case summary

6/21/05 - COMPLIANCE ORDER ISSUED. VIOLATIONS: BASED ON THE AMOUNT OF SEWAGE SLUDGE DISPOSED IN CALENDAR YEAR 2004 FROM THE HENDERSON WWTP #1, RESPONDENT WAS REQUIRED TO MONITOR AT LEAST ONCE PER SIXTY DAYS OR 6 TIMES PER YEAR. THE RESPONDENT MONITORED ONCE FOR POLLUTANTS OUTLINED IN SECTION 503.13, AND DID NOT MONITOR FOR PATHOGEN DENSITIES. BASED ON THE AMOUNT OF SEWAGE SLUDGE DISPOSED IN CALENDAR YEAR 2004 FROM THE F.E. STOKES WWTP, THE RESPONDENT WAS REQUIRED TO MONITOR AT LEAST ONCE PER QUARTER FOR 4 TIMES PER YEAR. THE RESPONDENT MONITORED ONCE FOR POLLUTANTS OUTLINED IN SECTION 503.13 AND DID NOT MONITOR FOR PATHOGEN DENSITIES. ORDER REQUIRES: RESPONDENT SHALL IMMEDIATELY MONITOR AT THE END OF THE SEWAGE SLUDGE TREATMENT TRAIN AT HENDERSON WWTP #1 FOR: INORGANIC POLLUTANTS OUTLINED IN 40 CFR 503.13, AND 7 DISCRETE AND REPRESENTATIVE FECAL COLIFORM DENSITIES IN ACCORDANCE TO 40 CFR 503.32(b)(2)(i). THEREAFTER, THE RESPONDENT SHALL MONITOR THE INORGANIC POLLUTANTS AND 7 FECAL COLIFORM DENSITIES AT LEAST EVERY 60 DAYS OR 6 TIMES THE REMAINDER OF CALENDAR YEAR 2005. RESPONDENT SHALL IMMEDIATELY MONTIOR AT THE END OF THE SEWAGE SLUDGE TREATMENT TRAIN AT F.E. STOKES WWTP FOR: INORGANIC POLLUTANTS OUTLINED IN 40 CFR 503.13 AND 7 DISCRETE AND REPRESENTATIVE FECAL COLIFORM DENSITIES IN ACCORDANCE TO 40 CFR 503.32(b)(2)(i). THEREAFTER, THE RESPONDENT SHALL MONITOR THE INORGANIC POLLUTANTS AND 7 FECAL COLIFORM DENSITIES AT LEAST EVERY QUARTER FOR 5 TIMES THE REMAINDER OF CALENDAR YEAR 2005. THE 7 FECAL COLIFORM SAMPLES SHALL BE COLLECTED OVER THE MONITORING EVENT (EITHER 60 DAYS OR QUARTERLY) AND EACH DISCRETE FECAL COLIFORM SAMPLE SHALL BE ANALYZED WITHIN 24 HOURS OF COLLECTION AND REPORTED IN A DRY WEIGHT BASIS. ALTERNATIVELY, THE RESPONDENT MAY DEMONSTRATE PATHOGEN REDUCTION REQUIREMENTS VIA 40 CFR 503.32(b)(3) - USE OF A PROCESS TO SIGNIFICANTLY REDUCE PATHOGENS (PSRP). THE PSRP ALTERNATIVE FOR AEROBIC DIGESTION REQUIRES DOCUMENTATION OF THE MEAN CELL RESIDENCE TIME AND TEMPERATURES OF THE SEWAGE SLUDGE. VALUES FOR THE MEAN CELL RESIDENCE TIME AND TEMPERATURE SHALL BE BETWEEN 40 DAYS AT 20 DEGREES C (68 DEGREES F) AND 60 DAYS AT 15 DEGRESS C (59 DEGREES F). WITHIN 90 DAYS, RESPONDENT SHALL SUBMIT THE INITIAL INORGANIC POLLUTANT AND THE INITIAL 7 FECAL COLIFORM DENSITY RESULTS IN DRY WEIGHT BASIS FROM THE FACILITIES TO THE ADDRESSES INCLUDED IN THE ORDER. WITHIN 90 DAYS, THE RESPONDENT SHALL SUBMIT A COPY OF THE ANNUAL REPORTS COVERING CALENDAR YEARS 2000 THROUGH 2003 AS SUBMITTED TO EPA

Defendants (1)

• HENDERSON (KY) WATER UTILITYNamed in settlement

Facilities (5)

• HENDERSON STP

  205 DRURY LN, HENDERSON, KY, 42420

  Registry ID: 110000732235

• HENDERSON STP

  205 DRURY LN, HENDERSON, KY, 42420

  Registry ID: 110000732235

• HENDERSON SOUTH STP #2

  4145 QUINN LANDING RD, ROBARDS, KY, 42452

  Registry ID: 110017701851

• HENDERSON STP

  205 DRURY LN, HENDERSON, KY, 42420

  Registry ID: 110000732235

• HENDERSON STP

  205 DRURY LN, HENDERSON, KY, 42420

  Registry ID: 110000732235

Statutes cited

• CWA 405 — Sewage Sludge Disposal

Enforcement conclusions (1)

• HENDERSON WATER UTILITYentered 2005-06-21

  Primary law: CWA

Timeline (4 milestones)

• 2005-06-21Final Order Issued
• 2005-06-29Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed
• 2007-01-01NPDES Closed