EPA v. MISHEIM, TENNESSEE, TOWN OF (LICK CREEK VALLEY WASTEWATER TREATMENT PLANT)

Case summary

7/2/13 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. ALLEGATIONS: ON AUG 29, 2012, EPA CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) OF THE WWTP TO EVALUATE MOSHEIM'S COMPLIANCE WITH THE PERMIT AND THE CWA. THE CEI IDENTIFIED DEFICIENCIES RELATED TO THE OPERATION AND MAINTENANCE OF FACILITIES AND SYSTEMS FOR COLLECTION AND TREATMENT, INCLUDING EXCESSIVE ALGAE GROWN ON THE FINAL CLARIFIERS, IMPROPERLY PRESERVED INFLUENT COMPOSITE SAMPLES AND INOPERABLE SAND FILTERS. ON DEC 12, 2012, EPA SENT A NOV LETTER, TO MOSHEIM REGARDING THE DEFICIENCIES IDENTIFIED DURING THE INSPECTION. THE NOV ALSO ADDRESSED EFFLUENT LIMITS EXCEEDED FOR pH, TOTAL SUSPENDED SOLIDS, TOTAL NITROGEN AND E. COLI FOR THE PERIOD COVERING JAN 1, 2009 THRU SEPT 30, 2012. THE NOV REQUESTED INFO ON CORRECTIVE ACTIONS PLANNED OR TAKEN TO ADDERESS THE DEFICIENCIES AND EFFLUENT LIMIT EXCEEDANCES. ON DEC 21, 2012, MOSHEIM PROVIDED A RESPONSE TO THE NOV. THE RESPONSE ADDRESSED ALL OF THE DEFICIENCIES EXCEPT THE INOPERABLE SAND FILTERS, WHICH HAVE BEEN OUT OF SERVICE FOR OVER 4 YEARS. THEREFORE, MOSHEIM HAS FAILED TO PROPERLY OPERATE AND MAINTAIN THE WWTP IN ACCORDANCE WITH THE PERMIT, FAILED TO COMPLY WITH THE EFFLUENT LIMITS OF ITS PERMIT FOR pH, TOTAL SUSPENDED SOLIDS, TOTAL NITROGEN AND E. COLI AND FAILED TO PROVIDE NOTIFICATION OF A PHISICAL ALTERATION THAT SIGNIFICANTLY CHANGED THE NATURE OR INCREASED THE QUANTITY OF THE POLLUTANTS DISCHARGED WHEN THE SAND FILTERS WERE REMOVED FROM THE WASTEWATER TREATMENT PROCESS AT THE PERMITTED FACILITY. ORDER REQUIRES: A. WITHIN 30 DAYS, MOSHEIM SHALL PROVIDE A STATEMENT OF WORK AND DOCUMENTATION TO EPA THAT A CONTRACT HAS BEEN SECURED FOR WORK ON ITS INOPERABLE SAND FILTERS. B. EVERY MONTH AFTER THE EFFECTIVE DATE OF THIS AOC, AND CONTINUING UNTIL ALL CORRECTIVE ACTIONS HAVE BEEN COMPLETED, MOSHEIM SHALL SUBMIT TO EPA A WRITTEN REPORT CONTAINING INFO ABOUT THE STATUS AND PROGRESS OF THE REPAIR PROJECT BEING CMPLETED UNDER THIS AOC, INFO ABOUT COMPLIANCE OR NONCOMPLIANCE WITH THE APPLICABLE REQUIREMENTS OF THIS AOC, INCLUDING CONSTRUCTION AND EFFLUENT LIMITATIONS, AND ANY REASONS FOR NONCOMPLIANCE. THE REPORT SHALL ALSO INCLUDE A DESCRIPTION OF ACTIONS IMPLEMENTED TO PREVENT FUTURE RECURRENCE. MOSHEIM SHALL SUBMIT THE REPORT TO EPA WITHIN 15 DAYS OF THE END OF EACH MONTH. THE FIRST MONTHLY REPORT SHALL BE DUE FOLLOWING THE END OF THE MONTH DURING WHICH THIS AOC BECOMES EFFECTIVE. C. WITHIN 6 MONTHS, MOSHEIM SHALL COMPLETE REPAIR OF ITS INOPERABLE SAND FILTERS. D. WITHIN 7 MONTHS, MOSHEIM SHALL COMPLY WITH ALL ELEMENTS OF THIS AOC AND ITS PERMIT EFFLUENT LIMITATIONS.

Defendants (2)

• MOSHEIM, TENNESSEE, TOWN OFNamed in settlement
• LICK CREEK VALLEY WASTEWATER TREATMENT PLANTNamed in settlement

Facilities (1)

• LICK CREEK VALLEY (MOSHEIM) WASTEWATER TREATMENT PLANT

  420 POTTERTOWN ROADMAILING ADDRESS:1000 MAIN S, MOSHEIM, TN, 37809

  Registry ID: 110009787631

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• MISHEIM, TENNESSEE, TOWN OF (LICK CREEK VALLEY WASTEWATER TREATMENT PLANT)entered 2013-07-02

  Primary law: CWA

Timeline (4 milestones)

• 2013-07-02Final Order Issued
• 2013-08-22Enforcement Action Data Entered
• 2014-06-27Enforcement Action Closed
• 2014-06-27NPDES Closed