EPA v. APEX/FCC, LLC

Case summary

9/26/2012 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: ON MAY 2-5, 2011, EPA'S NATIONAL ENFORCEMENT INVESTIGATINS CENTER CONDUCTED A COMPLIANCE INSPECTION AT THE FACILITY. AS A RESULT OF THE INSPECTION EPA IDENTIFIED VIOLATIONS OF THE PRETREATMENT STANDARDS AND THE PERMIT. THEREFORE, RESPONDENT HAS VIOLATED SECTIONS 301, 307 AND 402 OF THE CWA. ORDER REQUIRES: A. IMMEDIATELY UPON THE EFFECTIVE DATE OF THIS ORDER, APEX/FCC SHALL MONITOR EACH WASTESTREAM AFTER TREATMENT AND BEFORE MIXING OF THE WASTES, OR ALTERNATIVELY CERTIFY THAT IT PROVIDES EQUIVALENT TREATEMENTS AS DEFINED AT 437.2(h) FOR THE APPLICABLE WASTESTREAM. WITHIN THIRTY (30) DAYS OF THE EFFECTIVE DATE OF THIS ORDER, APEX/FCC SHALL SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF TH ORDER HAS BEEN MET. B. IMMEDIATELY UPON THE EFFECTIVE DATE OF THIS ORDER, APEX/FCC SHALL COMPLY WITH THE PROCESS/OPERATIONS/MONITORING REQUIREMENTS OF PART I.A OF THE PERMIT, INCLUDING EMPLOYING THE USE OF SPECIFIED SAMPLE TYPES (GRAG OR COMPOSITE) FOR EACH EFFLUENT CHARACTERISTIC, AND MONITORING CONTINUOUS FLOW. ALTERNATIVELY, OPERATIONS AND SAMPLING PROCEDURES. WITHIN THIRTY (30) DAYS OF THE EFFECTIVE DATE OF THIS ORDER, APEX/FCC SHALL SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET. C. IMMEDIATELY UPON THE EFFECTIVE DATE OF THIS ORDER, APEX/FCC HALL POST AND MAINTAIN A LIST PROHIBITED SUBSTANCES IN THE WASTEWATER RECEIVING AREAS AS REQUIRED BY PART I.A.2 OF THE PERMIT. WITHIN THIRTY (30) DAYS OF THE EFFECTIVE DATE OF THIS ORDER, APEX/FCC SHALL SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET. D. IMMEDIATELY UPON THE EFFECTIVE DATE OF THIS ORDER, APEX/FCC SHALL CREATE, IMPLEMENT, DOCUMENT AND MAINTAIN ON SITE FOR AT LEAST 3 YEARS AN OPERATION AND MAINTENANCE PROGRAM FOR ITS FACILITY, INCLUDING TRAINING BACKUP EQUIPMENT INVENTORY INFORMATION AND MAINTENANCE LOGS, AS REQUIRED BY PART I.E.4.a OF THE PERMIT AND 40 C.F.R. SECTIONS 437.46(a)(4) AND 437.41(c). WITHIN THIRTY (30) DAYS OF THE EFFECTIVE DATE OF THIS ORDER, APEX/FCC SHALL SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET.

Defendants (1)

• APEX/FCC, LLC (SB)Named in settlement

Facilities (1)

• TALA ENVIRONMENTAL, LLC

  7455 RANGELINE ROAD, THEODORE, AL, 36582

  Registry ID: 110015673494

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• APEX/FCC, LLCentered 2012-09-26

  Primary law: CWA

Timeline (4 milestones)

• 2012-09-26Final Order Issued
• 2012-09-28Enforcement Action Data Entered
• 2013-01-01NPDES Closed
• 2013-01-01Enforcement Action Closed