EPA v. TIMMONSVILLE, SC, TOWN OF

Case summary

9/27/05 - 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 ON SEPTEMBER 30, 2004, DECEMBER 31, 2004, AND MARCH 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 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 RESPONDENT 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 THE 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 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 CONTROL AND THE FOLLOWING DILUTION: 50%, 60%, 70% 84%, AND 100%. RESPONDENT SHALL SUBMIT TO EPA, PROGRESS REPORTS ON THE STATUS OF THE APPROVAL OF THEIR PRETREATMENT PROGRAM BEGINNING ON THE FIRST FULL MONTH FOLLOWING THE RECEIPT OF THE EFFECTIVE ORDER AND UNTIL SUCH TIME AS THEIR PROGRAM IS APPROVED BY SC DHEC

Defendants (1)

• TIMMONSVILLE, SC, TOWN OFNamed in settlement

Facilities (1)

• FLORENCE CITY OF TIMMONSVILLE WWTP

  650 BUIE DR, TIMMONSVILLE, SC, 291611555

  Registry ID: 110064634506

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• TIMMONSVILLE, SC, TOWN OFentered 2005-09-27

  Primary law: CWA

Timeline (4 milestones)

• 2005-09-27Final Order Issued
• 2005-09-28Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed
• 2007-01-01NPDES Closed