EPA v. WHITEMARSH WASTEWATER TREATMENT PLANT

Case summary

9/3/09 - COMPLIANCE ORDER ISSUED. THE DMRs SUBMIT TO NCDENR BY WHITEVILLE INDICATE THAT THE WHITEMARSH WWTP HAS DISCHARGED POLLUTANTS IN VIOLATION OF EFFLUENT LIMITATIONS ESTABLISHED IN ITS PERMIT. THE SPECIFIC VIOLATIONS ARE AS FOLLOWS: A. BIOCHEMICAL OXYGEN DEMAN, 5 DAY (BOD5), WEEKLY AND/OR MONTHLY AVERAGE: JUNE, JULY AND AUG 2006; APR AND SEPT 2007; JAN AND APR 2008. B. TOTAL SUSPENDED SOLIDS, WEEKLY AND/OR MONTHLY AVERAGE: APR, SEPT, AND OCT 2007; JAN AND MAR 2008. C. TOTAL ZINC, DAILY MAXIMUM: NOV AND DEC 2005; JAN 2006; SEPT 2007. D. TOTAL RESIDUAL CHLORINE, DAILY MAXIMUM: DEC 2007. E. TOTAL MERCURY, DAILY MAXIMUM: APR AND OCT 2007; JAN AND MAR 2008. F. TOTAL MERCURY MASS LOADING, DAILY MAXIMUM: JAN THRU DEC 2008; JAN THRU JUNE 2009. ON FEB 2, 2009, EPA SENT AN NOV LETTER TO WHITEVILLE FOR THE VIOLATIONS. WHITEVILLE COMPLETED UPGRADES TO THE WHITEMARSH WWTP IN DEC 2008. FURTHER EPA REVIEW OF WHITEVILLE'S 2009 DMRs INDICATES THAT PLANT UPGRADES HAVE ADDRESSED ALL PERMIT VIOLATIONS ISSUES WITH EXCEPTION OF MERCURY. AS A RESULT, REPs OF EPA AND WHITEVILLE HELD A SHOW CAUSE MEETING TO DISCUSS CHRONIC MERCURY VIOLATIONS ON JUNE 2, 2009. VIOLATION: WHITEVILLE HAS VIOLATED CWA SEC 301(a) AND THE PERMIT IN THAT WHITEVILLE FAILED TO COMPLY WITH THE MERCURY LIMITS AND REQUIREMENTS OF THE PERMIT. ORDER REQUIRES: DEVELOP A MERCURY MINIMIZATION PLAN TO ELIMINATE MERCURY PERMIT LIMIT VIOLATIONS FOR TOTAL MERCURY (AS Hg) AND TOTAL MERCURY MASS LOADING. THE MERCURY MINIMIZATION PLAN SHALL INCLUDE, AT A MINIMUM: 1) AN ACCELERATED BIOSOLIDS WASTING SCHEDULE; 2) DETAILED DESCRIPTION OF MERCURY TESTING; AND 3) PLAN TO MEET ANTICIPATED MERCURY LIMITS OF NC'S PHASE 2 MERCURY TMDL INITIATIVE FOR THE LUMBER AND WACCAMAW RIVER. B. IN ADDITION TO PERMIT REQUIREMENTS, TOTAL MERCURY (AS Hg, MEASURED IN ug/L) TESTING SHALL BE PERFORME DFOR THE FOLLOWING WASTEWATER CATEGORIES: INFLUENT, EFFLUENT, AND MIXED LIQUOR SUSPENDED SOLIDS (MLSS) IN AN AERATION CHAMBER. TESTING SHALL BE PERFORMED WEEKLY AND SAMPLES TAKEN AT THE SAME LOCATIONS. SAMPLING AND LAB TESTING PROCEDURES SHALL BE CONSISTENT WITH PERMIT REQUIREMENTS AND EPA ACCEPTED TEST METHODS FOR TESTING MERCURY IN WASTEWATER. TESTING SHALL COMMENCE NO LATER THAN 7 DAYS AND CONTINUE UNTIL EPA DETERMINES WHITEVILLE IS IN COMPLIANCE WITH THE PERMIT EFFLUENT LIMITS. C. BY NO LATER THAN 60 DAYS, SUBMIT MERCURY MINIMIZATION PLAN TO EPA FOR REVIEW AND APPROVAL. UPON REVIEW OF THE MERCURY MINIMIZATION PLAN, EPA MAY: 1) APPROVE IN WRITING, IN WHOLE OR PART; OR 2) IN THE EVENT THE SUBMITTAL IS NOT APPROVED, PROVIDE WRITTEN COMMENTS IDENTIFYING DEFICIENCIES. WITHIN 30 DAYS OF RECEIPT OF COMMENTS, WHITEVILLE SHALL MODIFY THE PLAN ACCORDINGLY AND SUBMIT TO EPA FOR FINAL REVIEW AND APPROVAL. D. IMPLEMENT THE MERCURY MINIMIZATION PLAN IMMEDIATELY UPON RECEIPT OF EPA'S WRITTEN APPROVAL. E. SUBMIT COPIES OF MONTHLY DMRs AND ADD'L MERCURY TEST RESULTS TO EPA SIMULTANEOUSLY WHEN SUCH REPORTS ARE SUBMITTED TO NCDENR UNTIL EPA DETERMINES WHITEVILLE IS IN COMPLIANCE WITH THE PERMIT EFFLUENT LIMITS. F. BY JUNE 30, 2010, BE IN COMPLIANCE WITH THE PERMIT EFFLUENT LIMITS.

Defendants (1)

• WHITEMARSH WASTEWATER TREATMENT PLANTNamed in settlement

Facilities (1)

• WHITEVILLE WWTP

  1000 NOLAN AVE, WHITEVILLE, NC, 28472

  Registry ID: 110006367314

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WHITEMARSH WASTEWATER TREATMENT PLANTentered 2009-09-03

  Primary law: CWA

Timeline (4 milestones)

• 2009-09-03Final Order Issued
• 2009-09-10Enforcement Action Data Entered
• 2010-01-01NPDES Closed
• 2010-01-01Enforcement Action Closed