EPA v. KINGSTREE, SC, TOWN OF

Case summary

9/14/05 - ADMINISTRATIVE ORDER ISSUED. PART III, SECTION B OF RESPONDENT'S PERMIT INCLUDES WHOLE EFFLUENT TOXICITY LIMITS AND REQUIRES THE RESPONDENT TO CONDUCT TOXICITY TESTS TO DETERMINE COMPLIANCE WITH THOSE LIMITATIONS. CHRONIC TOXICITY TESTS CONDUCTED IN THE QUARTER ENDING ON SEPTEMBER 20, 2004, REVEALED THE EFFLUENT TO BE TOXIC TO CERIODAPHNIA DUBIA IN VIOLATION OF THE PERMIT. ON MARCH 1, 2005, EPA SENT A NOTICE OF VIOLATION TO THE RESPONDENT FOR THE SPETEMBER 30, 2004, VIOLATION. EPA DISCOVERED THAT THE CHRONIC AND ACUTE 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 MARCH 3, 2005, THE RESPONDENT SENT A LETTER TO EPA IN RESPONSE TO THE ABOVE NOTICE OF VIOLATION. THE RESPONDENT INDICATED THAT THE VIOLATION THAT OCCURRED IN THE QUARTER ENDING SEPTEMBER 30, 2004, WAS BELIEVED TO BE A RESULT OF A PASS THROUGH OF AN UNKNOWN DISCHARGE INTO THE FACILITY. ORDER REQUIRES: RESPONDENT SHALL INITIATE A SERIES OF CHRONIC WHOLE EFFLUENT TOXICITY TESTS BEGINNING ON THE FIRST FULL MONTH FOLLOWING THE RECEIPT OF THE EFFECTIVE ORDER. ONE TEST SHALL BE CONDUCTED EVERY MONTH, FOR A PERIOD NOT TO EXCEED ONE YEAR, USING CERIODAPHNIA DUBIA. CHRONIC TESTS SHALL BE CONDUCTED IN ACCORDANCE WITH PART V, SECTION B(2) OF THE PERMIT. THE RESULTS OF EACH TEST SHALL BE SUBMITTED TO THE EPA AND THE STATE OF SC. RESPONDENT SHALL INITIATE A SERIES OF ACUTE WHOLE EFFLUENT TOXICITY TESTS BEGINNING ON THE FIRST FULL MONTH FOLLOWING THE RECEIPT OF THE EFFECTIVE ORDER. ONE TEST SHALL BE CONDUCTED THE FIRST FULL MONTH FOLLOWING THE RECEIPT OF THE EFFECTIVE ORDER, USING CERIODAPHNIA DUBIA. IF THAT TEST SHOWS THE EFFLUENT FROM THE FACILITY TO BE IN VIOLATION OF HTE RESPONDENT'S ACUTE WHOLE EFFLUENT TOXICITY PERMIT LIMITS, THE RESPONDENT SHALL CONDUCT ONE ACUTE WHOLE EFFLUENT TOXICITY TEST EVERY MONTH THEREAFTER FOR A PERIOD NOT TO EXCEED ONE YEAR. IF THE TEST SHOWS THE EFFLUENT TO NOT BE IN VIOLATION OF THE RESPONDENT'S ACUTE WHOLE EFFLUENT TOXICITY PERMIT LIMITS, THEN THE RESPONDENT MAY RETURN TO THE ACUTE TESTING FREQUENCY IN PART III, SECTION B OF THE PERMIT. ACUTE TESTS SHALL BE CONDUCTED IN ACCORDANCE WITH PART V, SECTION B(1) OF THE PERMIT. THE RESULTS OF EACH TEST SHALL BE SUBMITTED TO EPA AND THE STATE OF SC WITHIN 45 DAYS OF TEST COMPLETION. IN, AT ANY TIME, DURING THE ACCELERATED TESTING PERIOD SPECIFIED ABOVE, THE EFFLUENT FRO THE FACILITY IS IN VIOLATION OF RESPONDENT'S CHRONIC WHOLE EFFLUENT TOXICITY PERMIT LIMITS, THE RESPONDENT SHALL CONDUCT A TOXICITY REDUCTION EVALUTION (TRE). WITHIN 30 DAYS OF SUCH A FAILURE, THE RESPONDENT SHAL 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 . 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. IF THE RESPONDENT ENTERS INTO THE ACCELERATED TESTING PERIOD SPECIFIED ABOVE DUE TO A VIOLATION OF THE ACUTE WHOLE EFFLUENT TOXICITY LIMIT, AND HAS A SUBSEQUENT ACUTE WHOLE EFFLUENT TOXICITY VIOLATION AT ANY TIME DURING THAT PERIOD, THE RESPONDENT SHALL CONDUCT A 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. 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 SH

Defendants (1)

• KINGSTREE, SC, TOWN OFNamed in settlement

Facilities (1)

• KINGSTREE TOWN OF

  401 N LONGSTREET ST, KINGSTREE, SC, 295563335

  Registry ID: 110000710605

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• KINGSTREE, SC, TOWN OFentered 2005-09-14

  Primary law: CWA

Timeline (3 milestones)

• 2005-09-14Final Order Issued
• 2005-09-22Enforcement Action Data Entered
• 2007-08-21Enforcement Action Closed