EPA v. FAIRHOPE, AL, CITY OF

Case summary

11/2/05- ADMINISTRATIVE COMPLAINT FILED 11/2/05, PROPOSING A PENALTY OF $32,500. BASED ON INFORMATION CONTAINED IN RESPONDENT'S ANNUAL REPORT, RESPONDENT DISPOSED 488 DRY METRIC TONS (DMT) IN 2002, 825 DMT IN 2003, AND 1,103 DMT IN 2004 VIA LAND APPLICATION. 40 CFR 503.16(a) PROVIDES THAT THE FREQUENCY OF MONITORING FOR THE POLLUTANTS IN TABLE 1, TABLE 2, TABLE 3, AND TABLE 4 OF SECTION 503.13; THE PATHOGEN DENSITY REQUIREMENTS IN 503.32(a) AND IN 503.32(b)(2); AND THE VECTOR ATTRACTION REDUCTIOON REQUIREMENTS IN 503.33(b)(1) THROUGH (b)(4) AND 503.33(b)(7) THROUGH (b)(8) SHALL BE THE FREQUENCY IN TABLE 1 OF 503.16. TABLE 1 OF 503.16 PROVIDES THAT THE MONITORING FREQUENCY FOR SEWAGE SLUDGE IS ONCE FOR QUARTER (FOUR TIMES PER YEAR) FOR THE LAND APPLICATION OF 290 DMT OF SEWAGE SLUDGE UP TO 1,499 DMT OF SEWAGE SLUDGE PER YEAR. RESPONDENT SHOULD HAVE MONITORED AT LEAST ONCE PER QUARTER OR ONCE EACH SLUDGE REMOVAL PERIOD IN 2002, 2003, AND 2004, FOR INORGANIC POLLUTANTS. RESPONDENT DID NOT SAMPLE FOR INORGANIC POLLUTANTS DURING THE FIRST SLUDGE REMOVAL PERIOD OF 2002 (FEBRUARY 18, 2002 - MARCH 7, 2002), DURING THE SECOND SLUDGE REMOVAL PERIOD OF 2003 (APRIL 22, 2003 - MAY 9, 2003), AND DURING THE FIRST AND THIRD REMOVAL PERIODS OF 2004 (FEBRUARY 4, 2004 - FEBURARY 27, 2004, AND AUGUUST 12, 2004 - SEPTEMBER 1, 2004. BASED ON INFORMATION SUBMITTED BY RESPONDENT, DURING 2002, 2003, AND 2004, RESPONDENT LAND APPLIED SEWAGE SLUDGE WHICH HAD NOT BEEN MONITORED IN ACCORDANCE WITH TABLE 1 OF 503.16. THE LAND APPLICATION OF SEWAGE SLUDGE WHICH FAILS TO MEET THE MINIMUM MONITORING FREQUENCY OUTLINED IN 503.16 IS A VIOLATION OF 40 CFR 503.12 AND SECTINO 405(e) OF THE CWA..

Defendants (1)

• FAIRHOPE, AL, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• CITY OF FAIRHOPE

  300 N CHURCH ST, FAIRHOPE, AL, 36532

  Registry ID: 110055974860

Statutes cited

• CWA 405 — Sewage Sludge Disposal

Enforcement conclusions (1)

• FAIRHOPE, AL, CITY OFentered 2006-06-14

  Primary law: CWA

  Federal penalty: $3,000

Timeline (4 milestones)

• 2005-11-02Complaint Filed/Proposed Order
• 2005-11-16Enforcement Action Data Entered
• 2006-06-14Final Order Issued
• 2006-07-03Enforcement Action Closed