EPA v. GRAND STRAND WATER & SEWER AUTHORITY (GSW&SA) (GEORGE R. VEREEN WWTP)

Case summary

9/14/05 - ADMINISTRATIVE ORDER ISSUED. VIOLATION: PART III, SECTION 1 OF RESPONDENT'S PERMIT INCLUDES WHOLE EFFLUENT TOXICITY LIMITS AND REQUIRES THE RESPONDENT TO CONDUCT TOXICITY TESTS TO DETERMINE COMPLIANCE WITH THOSE LIMITATION. TOXICITY TESTS CONDUCTED IN THE QUARTER ENDING ON DECEMBER 31, 2004, REVEALED THE EFFLUENT TO BE TOXIC TO CERIODAPHNIA DUBIA IN VIOLATION OF THE PERMIT. ON JULY 26, 2005, EPA SENT A NOTICE OF VIOLATION TO THE RESPONDENT FOR THE DECEMBER 31, 2004, VIOLATION. EPA DISCOVERED THAT TOXICITY TESTS CONDUCTED IN THE QUARTER ENDING ON MARCH 31, 2005, REVEALED THE EFFLUENT TO BE TOXIC TO CERIODAPHNIA DUBIA IN VIOLATION OF THE PERMIT. ON AUGUST 17, 2005, RESPONDENT REPORTED TO EPA THAT THE VIOLATION THAT OCCURRED IN THE QUARTER ENDING DECEMBER 31, 2004, WAS A RESULT OF PROBLEMS ASSOCIATED WITH THE FACILITY UPGRADE THAT OCCURRED IN LATED 2003. FURTHER, THE RESPONDENT WAS UNSURE AS TO THE EXACT PROBLEM THAT RESULTED IN THE VIOLATION OF THE WET LIMIT. 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(3) OF THE PERMIT. THE RESULTS OF EACH TEST SHALL BE SUBMITTED TO EPA AND STATE OF 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 ( TRE ). WITHIN 30 DAYS OF SUCH A FAILURE, THE RESOPNDENT 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 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 ATTAINMNT 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 III, SECTION 1 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 AND SHALL CONSIST OF A CONTROL AND THE FOLLOWING DILUTIONS: 50%, 57%, 66%, 76%, AND 87%.

Defendants (1)

• GRAND STRAND WATER AND SEWER AUTHORITYNamed in settlement

Facilities (1)

• GSW&SA VEREEN WWTP

  649 WATER LILLY RD, LONGS, SC, 29568

  Registry ID: 110009793438

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• GRAND STRAND WATER & SEWER AUTHORITY (GSW&SA) (GEORGE R. VEREEN WWTP)entered 2005-09-14

  Primary law: CWA

Timeline (4 milestones)

• 2005-09-14Final Order Issued
• 2005-09-22Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed
• 2007-01-01NPDES Closed