EPA v. LYMAN, SC, TOWN OF

Case summary

8/9/05 - COMPLIANCE ORDER ISSUED. VIOLATIONS: FAILURE TO COMPLY WITH PART I, SECTION B OF THE PERMIT BY FAILING TO MEET THE WHOLE EFFLUENT TOXICITY LIMITS FOR THE QUARTERS ENDING ON JUNE 30, 2004, AND DECEMBER 31, 2004. 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 II, SECTION D 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 RESPONDENT SHALL SUBMIT A TRI 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 DATA 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 WILL BE 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 I, SECTION B OF THE PERMIT). TO ENSURE COMPLIANCE WITH THE TOXICITY LIMITS AFTER THE COMPLETION OF THE TRE, THE RESPONDENT SHALL CONDUCT A SERIES OF SIX MULTI-CONCENTRATION TESTS USING CERIODAPHNI 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: 14.1%, 28.3%, 56.5%, 78.3% AND 100%.

Defendants (1)

• LYMAN, SC, TOWN OFNamed in settlement

Facilities (1)

• LYMAN TOWN OF

  160 GROCE RD, LYMAN, SC, 29365

  Registry ID: 110002181987

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• LYMAN, SC, TOWN OFentered 2005-08-09

  Primary law: CWA

Timeline (4 milestones)

• 2005-08-09Final Order Issued
• 2005-08-11Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed
• 2007-01-01NPDES Closed