EPA v. EASLEY COMBINED UTILITIES

Case summary

5/30/08 - AO ISSUED. TOXICITY TESTS CONDUCTED BY RESPONDENT FOR JULY 07 REVEALED THE EFFLUENT TO BE TOXIC TO CERIODAPHNIA DUBIA IN VIOLATION OF THE CHRONIC WHOLE EFFLUENT TOXICITY ( WET ) LIMITS IN PERMIT. TOXICITY TESTS CONDICTED FOR JAN 2008 REVEALED THE EFFLUENT TO BE TOXIC TO CERIODAPHNIA DUBIA IN VIOLATION OF THE CHRONIC WET LIMIT. TOXICITY TESTS CONDUCTED FOR FEB 2008 REVEALED THE EFFLUENT TO BE TOXIC TO CERIODAPHNIA DUBIA AND PIMEPHALES PROMELAS IN VIOLATION OF THE CHRONIC WET LIMIT. ORDER REQUIRES: RESPONDENT SHALL INITIATE A SERIES OF WET TESTS BEGINNING ON THE FIRST FULL MONTH FOLLOWING RECEIPT OF THIS ORDER. ONE CHRONIC WET TEST SHALL BE CONDUCTED EVERY MONTH, FOR A PERIOD NTE 1 YR, USING CERIODAPHNIA DUBIA AND PIMEPHALES PROMELAS. TEST RESULTS SHALL BE SENT TO EPA. IF, AT ANY TIME DURING THE ACCELERATED TESTING PERIOD, THE EFFLUENT FROM THE FACILITY IS IN VIOLATION OF THE RESPONDENT'S WET PERMIT LIMITS, RESPONDENT SHALL CONDUCT A TOXICITY REDUCTION EVALUTION ( TRE ) TO IDENTIFY THE CAUSE OF THE VIOLATION(S) AND REMEDY FOR THE VIOLATION(S). WITHIN 30 DAYS OF SUCH A FAILURE, RESPONDENT SHALL SUBMIT A TRE PLAN. TRE PLAN SHALL INCLUDE A SCHEDULE OF ACTIVITIES NECESSARY TO ATTAIN 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 ABOVE, AND EACH 90 DAYS THEREAFTER, RESPONDENT SHALL SUBMIT A REPORT TO EPA ON THE PROGRESS MADE TOWARD ATTAINMENT OF COMPLIANCE. RESPONDENT SHALL CONTINUE TOXICITY TESTING AS REQUIRED BY PERMIT FOR DURATION OF ORDER. HOWEVER, IF RESPONDENT IS REQUIRED TO INITIATE A TRE, NO ADD'L TESTING WILL BE REQUIRED FOR ANY ROUTINE TEST FAILURE WHICH OCCURS WHILE THE TRE IS UNDERWAY. TO ENSURE COMPLIANCE WITH THE WET LIMITS AFTER COMPLETION OF TRE, RESPONDENT SHALL CONDUCT A SERIES OF 6 MULTI-CONCENTRATION TESTS USING CERIODAPHNIA DUBIA AND 6 MULTI-CONCENTRATION TESTS USING PIMEPHALES PROMELAS, TO BE PERFORMED MONTHLY. TESTS SHALL BE SUBMITTED TO EPA.

Defendants (1)

• EASLEY COMBINED UTILITIESNamed in settlement

Facilities (1)

• EASLEY MIDDLE BRANCH WWTP

  2321 OLD PENDLETON RD, EASLEY, SC, 296428748

  Registry ID: 110000559645

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• EASLEY COMBINED UTILITIESentered 2008-05-29

  Primary law: CWA

Timeline (4 milestones)

• 2008-05-29Final Order Issued
• 2008-06-04Enforcement Action Data Entered
• 2009-01-01NPDES Closed
• 2009-01-01Enforcement Action Closed