EPA v. MCCORMICK, SC, CITY OF/ROCKY CREEK WWTP

Case summary

8/9/05 - COMPLIANCE ORDER ISSUED. VIOLATION: FAILURE TO COMPLY WITH PART III, SECTION B OF THE PERMIT BY FAILING TO MEET THE WHOLE EFFLUENT TOXICITY LIMITS FOR THE QUARTERS ENDING OCTOBE 31, 2004, AND JANUARY 31, 2005. ORDER REQUIRES: RESPONDENT SHALL INITIATE A SERIES OF WHOLE EFFLUENT TOXICITY TESTS BEGINNING ON THE FIRST FULL MONTH FOLLOWING THE RECEIPT OF THE EFFECTIVE ORDER. ONE TEST SHALL BE CONDUCTED EVERY 2 WEEKS, FOR A PERIOD NOT TO EXCEED ONE YEAR, USING CERIODAPHNIA DUBIA. TESTS SHALL BE CONDUCTED IN ACCORDANCE WITH PART V, SECTION B OF THE PERMIT. THE RESULTS OF EACH TEST SHALL BE SUBMITTED TO EPA AND SC WITHIN 45 DAYS OF TEST COMPLETION. IF, AT ANY TIME DURING THE ACCELERATED TESTING PERIOD SPECIFIED ABOVE, THE EFFLUENT FROM THE FACILITY IS IN VIOLATION OF RESPONDENT'S WHOLE EFFLUENT TOXICITY PERMIT LIMITS, THE RESPONDENT SHALL CONDUCT A TOXICITY REDUCTION EVALUATION (HEREINAFTER, THE TRE ). WITHIN 30 DAYS OF SUCH A FAILURE, THE RESONDENT SHALL SUBMIT A TRE PLAN. THIS TRE PLAN SHALL BE CONSISTENT WITH THE PROCEDURES AND PROTOCOLS IN TOXICITY REDUCTION EVALUATION GUIDANCE FOR MUNICIPAL WASTEWATER TREATMENT PLANTS (EPA/833B-99/002). THE TRE PLAN SHALL INCLUDE A SCHEDULE OF ACTIVITIES NECESSARY TO ATTAIN COMPLIANCE WITH WHOLE EFFLUENT TOXICITY LIMITS. THE TRE SHALL BE COMPLETED AND COMPLIANCE WITH EFFLUENT LIMITS ATTAINED NO LATER THAN 18 MONTHS FROM THE DATE THE TRE IS REQUIRED. 90 DAYS AFTER SUBMITTAL OF THE TRE PLAN AND SCHEDULE REQUIRED ABOVE, AND EACH 90 DAYS THEREAFTER, THE RESPONDENT SHALL SUBMIT A REPORT ON THE PROGRESS MADE TOWARD ATTAINMENT OF COMPLIANCE. RESPONDENT SHALL CONTINUE TOXICITY TESTING AS REQUIRED BY THE PERMIT FOR THE DURATION OF THIS ORDER. HOWEVER, IF THE RESPONDENT IS REQUIRED TO INITIATE A TRE, NO ADDITIONAL TESTING WILLB E REQUIRED FOR ANY ROUTINE TEST FAILURE WHICH OCCURS WHILE THE TRE IS UNDERWAY (WHERE ROUTINE TESTS ARE THOSE TESTS TAKEN AT THE FREQUENCY REQUIRED BY PART III, SECTION B OF THE PERMIT). TO ENSURE COMPLIANCE WITH TOXICITY LIMITS AFTER THE COMPLETION OF THE TRE, THE RESPONDENT SHALL CONDUCT A SERIES OF 6 MULTI-CONCENTRATION TESTS USING CERIODAPHNIA DUBIA, TO BE PERFORMED ON A MONTHLY BASIS. THE TESTS SHALL BE CONDUCTED IN COMPLIANCE WITH THE SHORT-TERM METHODS FOR ESTIMATING THE CHRONIC TOXICITY OF EFFLUENTS AND RECEIVING WATERS TO FRESHWATER ORGANISMS, EPA-821-R-02-013 (OCTOBER 2002) AND SHALL CONSIST OF A CONTROL AND THE FOLLOWING DILUTIONS: 60 PERCENT, 68 PERCENT, 78 PERCENT, 98.4 PERCENT, AND 100 PERCENT.

Defendants (1)

• MCCORMICK, SC, CITY OFNamed in settlement

Facilities (2)

• MCCORMICK ROCKY CREEK WWTF

  212 AIRPORT ROAD, MCCORMICK, SC, 29835

  Registry ID: 110017301551

• MCCORMICK ROCKY CREEK WWTF

  212 AIRPORT ROAD, MCCORMICK, SC, 29835

  Registry ID: 110017301551

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MCCORMICK, SC, CITY OF/ROCKY CREEK WWTPentered 2005-08-09

  Primary law: CWA

Timeline (3 milestones)

• 2005-08-09Final Order Issued
• 2005-08-15Enforcement Action Data Entered
• 2008-04-16Enforcement Action Closed