EPA v. CITY OF WEST MELBOURNE, FL

Case summary

6/19/09 - ADMINISTRATIVE ORDER ISSUED. FINDINGS: BASED ON AN EPA INSPECTION ON MARCH 3, 2009 AND ADDITIONAL INFO SUBMITTED BY THE RESPONDENT DATED APRIL 17, 2009, THE RESPONDENT FAILED TO CONDUCT THE VOLATILE SOLIDS TEST IN ACCORDANCE WITH 40 CFR 503.8(b)(7), AND FAILED TO DEMONSTRATE THE VOLATILE SOLIDS IN THE SEWAGE SLUDGE WAS REDUCED BY LESS THAN 17 PERCENT, AS PER 40 CFR 503.33(b)(2) FOR CALENDAR YEAR 2008. RESPONDENT LAND APPLIED APPROX 224 DRY METRIC TONS OF SEWAGE SLUDGE IN CALENDAR YEAR 2008. THEREFORE, EPA REGION 4, HAS DETERMINED THAT RESPONDENT HAS VIOLATED SECTION 405(e) OF THE CWA, BY VIOLATING THE TEST METHOD AND VAR REQUIREMENTS OUTLINED IN 40 CFR 503.8(b)(7) AND 503.33(b)(2). ORDER REQUIRES: RESPONDENT SHALL CONDUCT SEWAGE SLUDGE ANALYSES OF TOTAL, FIXED, AND VOLATILE SOLIDS AS SPECIFIED IN PART 2540 G, STANDARD METHODS FOR THE EXAMINATION OF WATER AND WASTEWATER. WITHIN 10 DAYS, COLLECT A SEWAGE SLUDGE REPRESENTATIVE SAMPLE FROM THE RESPONDENT POTW DIGESTER AND HAVE ANALYZED FOR THE FRACTIONAL VOLATILE SOLIDS REDUCTION (FVSR) IN ACCORDANCE WITH 40 CFR 503.33(b)(2). THE FVSR UNDER OPTION 2 SHALL BE DETERMINED BY THE VAN KLEECK EQUATION. WITHIN 10 DAYS OF RECEIPT OF THE FVSR RESULTS, THE RESPONDENT SHALL SUBMIT A COPY OF THE CHAIN OF CUSTODAY RECORD AND THE ANALYTICAL RESULTS TO EPA. WITHIN 10 DAYS, COLLECT A SEWAGE SLUDGE REPRESENTATIVE SAMPLY PRIOR TO THE RESPONDENT POTW DIGESTER AND A SEWAGE SLUDGE REPRESENTATIVE SAMPLE AFTER THE RESPONDENT POTW BELT PRESS, AND HAVE ANALYZED FOR THE FVSR IN ACCORDANCE WITH 40 CFR 503.33(b)(1) (OPTION 1). WITHIN 10 DAYS OF RECEIPT OF FVSR RESULTS, RESPONDENT SHALL SUBMIT A COPY OF THE CHAIN OF CUSTODY RECORD AND THE ANALYTICAL RESULTS TO EPA. SHOULD THE FVSR RESULT FROM OPTION 1 BE LESS THAN 38 PERCENT AND THE FVSR RESULT FROM OPTION 2 BE GREATER THAN 17 PERCENT, RESPONDENT SHALL IMMEDIATELY CEASE LAND APPLICATION OF ITS SEWAGE SLUDGE. RESPONDENT MAY RESUME LAND APPLICATION OF ITS SEWAGE SLUDGE UPON COMPLIANCE WITH 40 CFR 503 SUBPART B, INCLUDING THE RE-SAMPLE OF THE SEWAGE SLUDGE VOLATILE SOLIDS AND/OR COMPLIANCE WITH THE VAR OPTIONS AVAILABLE TO RESPONDENT.

Defendants (1)

• WEST MELBOURNE, CITY OFNamed in settlement

Facilities (1)

• WEST MELBOURNE RAY BULLARD WRF

  1415 HENRY AVE, WEST MELBOURNE, FL, 32904

  Registry ID: 110027961515

Statutes cited

• CWA 405 — Sewage Sludge Disposal

Enforcement conclusions (1)

• CITY OF WEST MELBOURNE, FLentered 2009-06-19

  Primary law: CWA

Timeline (3 milestones)

• 2009-06-19Final Order Issued
• 2009-06-22Enforcement Action Data Entered
• 2009-08-02Enforcement Action Closed