EPA v. PHARR YARNS, LLC

Case summary

1/19/10 - ADMINISTRATIVE ORDER ISSUED. VIOLATION: PHARR YARNS HAS VIOLATED SEC 301(a) OF THE CWA AND THE PERMIT, IN THAT PHARR YARNS FAILED TO COMPLY WITH THE EFFLUENT LIMITS AND REQUIREMENTS OF THE PERMIT. ORDER REQUIRES: A. WITHIN 6 MONTHS, SUBMIT A COMPREHENSIVE PERFORMANCE EVALUATION (CPE) TO EPA FOR REVIEW AND APPROVAL. 1. THE CPE SHALL MEET THE FOLLOWING OBJECTIVES: (a) EVALUTE THE MAJOR UNIT PROCESSES; (b) IDENTIFY ALL PERFORMANCE-LIMITING FACTORS; (c) PRIORITZE PERFORMANCE LIMITING FACTORS; (d) ASSESS THE ABILITY OF A COMPOSITE CORRECTION PLAN (CCP) TO IMPROVE PERFORMANCE; AND (e) REPORT TO EPA THE RESULTS OF THE CPE. 2. THE CPE SHALL ALSO EVALUATE THE CAUSE OF ANY EFFLUENT LIMIT VIOLATION OCCURRING AT THE WWTP WITHIN THE LAST 3 YRS. 3. THE CPE SHALL EVALUATE THE MAJOR UNIT PROCESSES, TO INCLUDE, AT A MINIMUM: a. A PERFORMANCE SUMMAYR, WITH SUPPORTING DATA, OF THE PRIMARY AND SECORDY TREATMENT EQUIPMENT AND PROCESSES INCLUDING, AT MINIMUM, THE AERATION BASIN, MIX CHAMBER (POLYMER/ALUM), SECONDARY CLARIFIERS, RETURN SLUDGE CONTROL/PROCESS, EFFLUENT FILTER, AND DISINFECTION. 4. THE CPE SHALL ALSO SPECIFICALLY ADDRESS THE FOLLOWING: a. THE PROCESS OF MIXING THE RAW INFLUENT WASTEWATER DIRECTLY WITH IN RETURN SLUDGE. b. OPERATING PROCEDURES FOR WEEKEND/NON-WORKING DAY PLANT OPERATIONS AND ITS AFFECT ON THE TREATMENT PROCESS. c. AN ANALYSIS OF THE AFFECTS THAT DRAMATIC INFLUENT CHANGES HAVE ON THE AERATION BASIN PERFORMANCE AND ANY OTHER SECONDARY TREATMENT PROCESS DUE TO CHANGES IN INFLUENT PROPERTIES CAUSED BY CHANGES IN THE MANUFACTURING PROCESS (I.E., CUSTOMER ORDER CHANGES). 5. CPE SHALL SPECIFICALLY STATE ANY LIMITING FACTORS, EITHER IN THE TREATMENT PROCESS OR IN PLANT CONFIGURATION, WHICH MAY INTERFERE WITH THE WWTP'S ABILITY TO CONSISTENTLY KEEP THE WASTEWATER EFFLUENT W/IN EFFLUENT LIMITATIONS LISTED IN PART(A) OF THE PERMIT. 6. UPON REVIEW OF THE CPE, EPA MAY (1) APPROVE, IN WHOLE OR IN PART, OR (2) PROVIDE COMMENTS TO PHARR YARNS IDENTIFYING THE DEFICIENCIES. UPON RECEIPT OF EPA COMMENTS, PHARRS YARNS SHALL HAVE 45 DAYS TO REVISE AND RESUBMIT THE CPE FOR REVIEW AND APPROVAL. 7. THE CPE SHALL ESTABLISH PROCEDURES THAT PHARR YARNS WILL USE TO PREPARE A CCP, AS SET FORTH BELOW, BASED ON THE RESULTS OF THE CPE. B. PHARR YARNS SHALL PREPARE AND SUBMIT FOR EPA REVIEW AND APPROVAL A COMPOSITE CORRECTION PLAN (CCP) WITHIN 6 MONTHS AFTER EPA APPROVAL OF THE CPE. THE PURPOSE OF THE CCP IS TO IDENTIFY REHAB AND/OR UPGRADES TO THE WWTP THAT WILL ADDRESS THE PROBLEMS IDENTIFIED IN THE CPE. THE CCP SHALL: (1) ADDRESS ALL FACTORS WHICH LIMIT OR WHICH COULD LIMIT THE WWTP'S ABILITY TO CONSISTENTLY ACHIEVE NPDES PERMIT COMPLIANCE; (2) IDENITFY SPECIFIC ACTIONS AND SCHEDULES TO CORRECT EACH LIMITING FACTOR, INCLUDING CAPITAL IMPROVEMENT TO THE EXISTING WWPT WHERE APPROPRIATE; AND (3) EVALUATE ALL APPROPRIATE ALTERNATIVE AND PROVIDE EXPEDITIOUS SCHEDULES FOR ACHIEVING COMPLIANCE, BUT IN NO EVENT SHALL SUCH SCHEDULES EXTEND BEYOND 12 MONTHS AFTER THE APPROVAL DATE OF THE CCP. C. PHARR YARNS SHALL SUBMIT A COPY OF THE MONTHLY DMRs TO EPA, CONCURRENT WITH STATE SUBMITTAL, COMMENCING ON THE FIRST OF THE MONTH AFTER THE EFFECTIVE DATE OF THIS ORDER AND UNTIL SUCH TIME AS THIS ORDER IS DEEMED SATISFIED IN ACCORDANCE WITH PARA 23.

Defendants (1)

• PHARR YARNS, LLCNamed in settlement

Facilities (1)

• PHARR YARNS INDUSTRIAL WWTP

  147 WILLOW DR, MC ADENVILLE, NC, 28101

  Registry ID: 110000762470

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• PHARR YARNS, LLCentered 2010-01-19

  Primary law: CWA

Timeline (4 milestones)

• 2010-01-19Final Order Issued
• 2010-02-18Enforcement Action Data Entered
• 2011-01-01Enforcement Action Closed
• 2011-01-01NPDES Closed