EPA v. LOUDON UTILITIES BOARD

Case summary

3/21/2011 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: BASED ON INFORMATION OBTAINED FROM THE RESPONDENT, RESPONDENT DISPOSED OF SEWAGE SLUDGE VIA LAND APPLICATION IN CALENDAR YEAR 2008 AND 2009. 40 CFR SECTION 503.18(a) REQUIRES CLASS I SLUDGE MANAGEMENT FACILITIES, POTWs WITH A DESIGN FLOW RATE EQUAL TO OR GREATER THAN ONE MILLION GALLONS PER DAY, AND POTWs THAT SERVE 10,000 PEOPLE OR MORE TO SUBMIT CERTAIN INFORMATION TO THE PERMITTING AUTHORITY (EPA) ON FEBRUARY 19TH OF EACH YEAR. THIS INFORMATION IS HEREINAFTER REFERRED AS THE ANNUAL SLUDGE REPORT. ALTHOUGH RESPONDENT SUBMITTED THE 2010 ANNUAL SLUDGE REPORT, RESPONDENT FAILED TO SUBMIT THE ANNUAL SLUDGE REPORT FOR CALENDAR YEAR 2008 AND 2009. BASED ON THE ABOVE FINDINGS, THE RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OUTLINED IN 40 CFR SECTION 503.18, AND THEREFORE, VIOLATED SECTION 405(e) OF THE ACT, 33 U.S.C. SECTION 1345(e). ORDER REQUIRES: A. WITHIN 30 DAYS OF RECEIPT OF THIS ORDER, RESPONDENT SHALL SUBMIT THE FOLLOWING: i. PROVIDE A NARRATIVE DESCRIPTION OF THE RESPONDENT'S POTW WASTEWATER TREATMENT TRAIN, OPERATING UNDER NPDES PERMIT NO. TN0058181, INCLUDING BUT NOT LIMITED TO, THE DESIGN FLOW CAPACITY, THE NUMBER OF PERSONS SERVED, AND THE METHOD OF WASTEWATER EFFLUENT DISPOSAL. A WASTEWATER TREATMENT TRAIN IS A SYSTEM OF MORE THAN ONE SPECIFIC WASTEWATER TREATMENT PROCESSES OR DEVICES THAT ARE REQUIRED TO TREAT EFFLUENT. ii. PROVIDE A NARRATIVE DESCRIPTION OF THE SLUDGE TREATMENT PROCESS TRAIN AT THE POTW, AND OF THE TREATMENT AND DISPOSAL METHODS OF SEWAGE SLUDGE IN ACCORDANCE WITH CFR PART 503. iii. PROVIDE THE AMOUNT OF SEWAGE SLUDGE, IN DRY METRIC TONS (DMT), GENERATED FROM THE POTW AND THE DISPOSAL AMOUNT FOR EACH CALENDAR YEAR FROM 2006 THROUGH THE PRESENT. iv. PROVIDE COPIES OF ALL SAMPLE RESULTS AND CHAIN OF CUSTODY RECORDS OF THE SEWAGE SLUDGE DISPOSED FOR HAZARDOUS SEWAGE SLUDGE CHARACTERISTICS, AS DEFINED IN 40 CFR 503.6(e), AND POLYCHLORINATED BIPHEYNYLS (PCBs), AS DEFINED IN 40 CFR SECTION 503.6(f), FROM CALENDAR YEAR 2006 THROUGH THE PRESENT. v. FOR SEWAGE SLUDGE DISPOSED AT A MUNICIPAL SOLID WASTE LANDFILL UNIT SUBJECT TO 40 CFR PART 248, PROVIDE COPIES OF ALL SAMPLE RESULTS AND CHAIN OF CUSTODY RECORDS OF THE PAINT FILTER TEST AND TOXICITY CHARACTERISTIC LEACHING PROCEDURE TEST, AND ANY AND ALL OTHER ANALYTICAL DATA OF THE SEWAGE SLUDGE DISPOSED AT A MUNICIPAL SOLID WASTE LANDFILL FROM CALENDAR YEAR 2006 THROUGH THE PRESENT. vi. FOR SEWAGE SLUDGE DISPOSED SUBJECT TO 40 CFR PART 503, PROVIDE INORGANIC POLLUTANT DOCUMENTATION IN ACCORDANCE WITH 40 CFR SECTION 503.13, FROM THE INITIAL DATE OF SLUDGE DRYER OPERATION THROUGH THE PRESENT. DOCUMENTATION SHOULD INCLUDE, BUT NOT LIMITED TO; INORGANIC POLLUTANT RESULTS AND CHAIN OF CUSTODY RECORDS. vii. FOR SEWAGE SLUDGE DISPOSED SUBJECT TO 40 CFR PART 503, IDENTIFY THE SELECTED PATHOGEN REDUCTION ALTERNATIVE AND VECTOR ATTRACTION REDUCTION OPTION, AND PROVIDE PATHOGEN REDUCTION AND VECTOR ATTRACTION REDUCTION DOCUMENTATION IN ACCORDANCE WITH 40 CFR 503 SUBPART D FROM THE INITIAL DATE OF SLUDGE DRYER OPERATION THROUGH THE PRESENT. DOCUMENTATION SHOULD INCLUDE, BUT NOT LIMITED TO; MICROBIAL RESULTS, CHAIN OF CUSTODY RECORDS, AND OPERATOR'S DAILY LOG OF SLUDGE DRYER DETENTION TIME, MOISTURE CONTENT, AND TEMPERATURE READINGS. viii. PROVIDE A COPY OF THE CERTIFICATION STATEMENTS AS PER 40 CFR SECTION 503.17. ix. PROVIDE A LIST OF END USERS, THE AMOUNT OF TREATED SEWAGE SLUDGE SOLD OR GIVEN AWAY, AND THE LOCATION OF APPLICATION.

Defendants (1)

• LOUDON UTILITIES BOARDNamed in settlement

Facilities (1)

• LOUDON STP

  122 BLAIR BEND DRIVE, LOUDON, TN, 37774

  Registry ID: 110006367877

Statutes cited

• CWA 405 — Sewage Sludge Disposal

Enforcement conclusions (1)

• LOUDON UTILITIES BOARDentered 2011-03-21

  Primary law: CWA

Timeline (4 milestones)

• 2011-03-21Final Order Issued
• 2011-03-30Enforcement Action Data Entered
• 2011-09-02Enforcement Action Closed
• 2011-09-02NPDES Closed