EPA v. MCCORMICK, SC, CITY OF (ROCKY CREEK WWTF)

Case summary

3/14/06 - CAFO ISSUED, ASSESSING A PENALTY OF $22,000. RESPONDENT SHALL MAKE WITHIN THIRTY DAYS OR MAKE THREE INSTALLMENTS. THE FIRST PAYMENT OF $7,382.28. THE LAST PAYMENT (7,382.28) DUE BY 10/06. CAFO ALLEGES: TOXICITY TESTS CONDUCTED BY THE RESPONDENT IN THE QUARTER ENDING ON JANUARY 31, 2005, THE RESULTS OF WHICH WERE SUBMITTED AS PART OF TH RESPONDENT'S MONTHLY DMRS TO THE STATE OF SOUTH CAROLINA, REVEALED THE EFFLUENT TO BE TOXIC TO CERIODAPHNIA DUBMIA IN VIOLATION OF THE QUARTERLY AVERAGE LIMIT IN THE PERMIT. SPECIFICALLY, THE QUARTERLY AVERAGE LIMIT IS 25% AND THE QUARTERLY AVERAGE OFTHE TOXICITY TESTS CONDUCTED IN THIS QUARTER WAS 27.6%, IN VIOLATION OF THE PERMIT. TOXICITY TESTS CONDUCTED BY THE RESPONDENT IN THE QUARTER ENDING ON JANUARY 31, 2005, THE RESULTS OF WHICH WERE SUBMITTED AS PART OF TH RESPONDENT'S MONTHLY DMRS TO THE STATE OF SOUTH CAROLINA, REVEALED THE EFFLUENT TO BE TOXIC TO CERIODAPHNIA DUBMIA IN VIOLATION OF THE QUARTERLY AVERAGE LIMIT IN THE PERMIT. SPECIFICALLY, THE QUARTERLY AVERAGE LIMIT IS 25% AND THE QUARTERLY AVERAGE OFTHE TOXICITY TESTS CONDUCTED IN THIS QUARTER WAS 27.6%, IN VIOLATION OF THE PERMIT. TOXICITY TESTS CONDUCTED BY THE RESPONDENT IN THE QUARTER ENDING ON JANUARY 31, 2005, THE RESULTS OF WHICH WERE SUBMITTED AS PART OF TH RESPONDENT'S MONTHLY DMRS TO THE STATE OF SOUTH CAROLINA, REVEALED THE EFFLUENT TO BE TOXIC TO CERIODAPHNIA DUBMIA IN VIOLATION OF THE QUARTERLY AVERAGE LIMIT IN THE PERMIT. SPECIFICALLY, THE QUARTERLY AVERAGE LIMIT IS 25% AND THE QUARTERLY AVERAGE OFTHE TOXICITY TESTS CONDUCTED IN THIS QUARTER WAS 27.6%, IN VIOLATION OF THE PERMIT. TOXICITY TESTS CONDUCTED BY THE RESPONDENT IN THE QUARTER ENDING ON APRIL 30, 2005, THE RESULTS OF WHICH WERE SUBMITTED AS PART OF THE RESPONDENT'S MONTHLY DMRS TO THE STATE OF SOUTH CAROLINA, REVEALED THE EFFLUENT TO BE TOXIC TO CERIODAPHNIA DUBIA IN VIOLATION OF THE DAILY MAXIMUM LIMITS IN THE PERMIT. SPECIFICALLY, THE DAILY MAXIMUM LIMIT IS 40% AND THE MAXIMUM TOXICITY TEST RESULT FO THIS QUARTER WAS 48.%, IN VIOLATION OF THE PERMIT.

Defendants (1)

• MCCORMICK, CITY OF, SCNamed in complaintNamed in settlement

Facilities (2)

• MCCORMICK ROCKY CREEK WWTF

  212 AIRPORT ROAD, MCCORMICK, SC, 29835

  Registry ID: 110017301551

• MCCORMICK ROCKY CREEK WWTF

  212 AIRPORT ROAD, MCCORMICK, SC, 29835

  Registry ID: 110017301551

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• MCCORMICK/ROCKY CREEK WWTFentered 2006-03-14

  Primary law: CWA

  Federal penalty: $22,000

Timeline (4 milestones)

• 2006-03-14Complaint Filed/Proposed Order
• 2006-03-14Final Order Issued
• 2006-03-20Enforcement Action Data Entered
• 2006-09-13Enforcement Action Closed