EPA v. CAMDEN, SC, CITY OF

Case summary

10/14/05 - COMPLAINT FILED, PROPOSING A PENALTY OF $157,500. VIOLATION: PART III, SECTION B OF THE PERT INCLUDES BOTH A WHOLE EFFLUENT TOXICITY QUARTERLY AVERAGE LIMIT AND A DAILY MAXIMUM LIMIT AND REQUIRES THE RESPONDENT TO CONDUCT TOXICITY TESTS TO DETERMINE COMPLIANCE WITH THOSE LIMITATION. TOXICITY TEST CONDUCTED BY THE RESPONDENT DURING THE QUARTER ENDING JULY 31, 2004, THE RESULTS OF WHICH WERE SUBMITTED AS PART OF THE RESPONDENT'S MONTHLY DMRs TO THE STATE OF SC, REVEALED THE EFFLUENT TO THE TOXIC TO CERIODAPHNIA DUBIA IN VIOLATION OF BOTH THE QUARTERLY AVERAGE AND DAILY MAXIMUM LIMITS IN THE PERMIT. SPECIFICALLY, THE QUARTERLY AVERAGE LIMIT IS 25 PERCENT AND THE AVERAGE OF THE TOXICITY TEST RESULTS FOR THIS QUARTER WAS 35.3 PERCENT, IN VIOLATION OF THE PERMIT. THE DAILY MAXIMUM PERMIT LIMIT IS 40 PERCENT AND THE MAXIMUM TOXICITY TEST RESULT FOR THIS QUARTER WAS 47.1 PERCENT, IN VIOLATION OF THE PERMIT. TOXICITY TESTS CONDUCTED BY THE RESPONDENT DURING THE QUARTER ENDING OCTOBER 31, 2004, THE RESULTS OF WHICH WERE SUBMITTED AS PART OF THE RESPONDENT'S MONTHLY DMR TO THE STATE OF SC, REVEALED THE EFFLUENT TO THE TOXIC TO CERIODAPHNIA DUBIA IN VIOLATION OF BOTH THE QUARTERLY AVERAGE AND THE DAILY MAXIMUM LIMITS IN THE PERMIT. SPECIFICALLY, THE QUARTERLY AVERAGE PERMIT LIMIT IS 25 PERCENT AND THE AVERAGE OF THE TOXICITY TEST RESULTS FOR THIS QUARTER WAS 49.9 PERCENT, IN VIOLATION OF THE PERMIT. THE DAILY MAXIMUM PERMIT LIMIT IS 40 PERCENT AND THE MAXIMUM TOXICITY TEST RESULT FOR THIS QUARTER WAS 65.5 PERCENT, IN VIOLATION OF THE PERMIT. TOXICITY TESTS CONDUCTED BY THE RESPONDENT DURING THE QUARTER ENDING JANUARY 31, 2005, THE RESULTS OF WHICH WERE SUBMITTED AS PART OF THE RESPONDENT'S MONTHLY DMR TO THE STATE OF SC, REVEALED THE EFFLUENT TO BE TOXIC TO CERIODAPHNIA DUBIA IN VIOLATION OF THE DAILY MAXIMUM LIMIT IN THE PERMIT. SPECIFICALLY, THE DAILY MAXIMUM PERMIT LIMIT IS 40 PERCENT AND THE MAXIMUM TOXICITY TEST RESULT FOR THIS QUARTER WAS 49.9 PERCENT, IN VIOLATION OF THE PERMIT. TOXICITY TESTS CONDUCTED BY THE RESPONDENT DURING THE QUARTER ENDING JULY 31, 2005, THE RESULTS OF WHICH WERE SUBMITTED TO EPA AS REQUIRED PER THE RESPONDENT'S ADMINISTRATIVE ORDER, REVEALED THE EFFLUENT TO BE TOXIC TO CERIODAPHNIA DUBIA IN VIOLATION OF BOTH THE QUARTERLY AVERAGE AND THE DAILY MAXIMUM LIMITS IN THE PERMIT. SPECIFICALLY, THE QUARTERLY AVERAGE PERMIT LIMIT IS 25 PERCENT AND THE AVERAGE OF THE TOXICITY TEST RESULTS FOR THIS QUARTER WAS 63.8 PERCENT, IN VIOLATION OF THE PERMIT. THE DAILY MAXIMUM PERMIT LIMIT IS 40 PERCENT AND THE MAXIMUM TOXICITY TEST RESULT FOR THIS QUARTER WAS 72.1 PERCENT, IN VIOLATION OF THE PERMIT. THE TOXICITY TEST BEGUN ON AUGUST 1, 2005, THE RESULTS OF WHICH WERE SUBMITTED TO EPA AS REQUIRED PER THE RESPONDENT'S ADMINISTRATIVE ORDER, REVEALED THE EFFLUENT TO BE TOXIC TO CERIODAPHNIA DUBIA IN VIOLATION OF THE DAILY MAXIMUM LIMIT IN THE PERMIT. THE DAILY MAXIMUM PERMIT LIMIT IS 40 PERCENT AND THE MAXIMUM TOXICITY TEST RESULT WAS 50.7 PERCENT, IN VIOLATION OF THE PERMIT. THEREFORE, THE RESPONDENT HAS VIOLATED SECTION 301(a) OF THE CWA, AND THE PERMIT, ISSUED PURSUANT TO SECTION 402 OF THE CWA, IN THAT THE RESPONDENT FAILED TO COMPLY WITH THE WHOLE EFFLUENT TOXICITY LIMITS OF THE PERMIT.

Defendants (1)

• CAMDEN, SC, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• CAMDEN WWTF

  175 BRAMBLEWOOD PLANTATION ROAD, CAMDEN, SC, 29020

  Registry ID: 110000755843

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CAMDEN, SC, CITY OFentered 2006-01-12

  Primary law: CWA

  Federal penalty: $33,000

Timeline (4 milestones)

• 2005-10-14Complaint Filed/Proposed Order
• 2005-12-14Enforcement Action Data Entered
• 2006-01-12Final Order Issued
• 2006-02-01Enforcement Action Closed