EPA v. CITY OF CANTONMENT, FLORIDA & ASCEND PERFORMANCE MATERIALS

Case summary

06/2/2014 - ADMINISTRATIVE ORDER ISSUED. THE ANNUAL DMR-QA STUDY FOR 2014 IS KNOWN AS STUDY 34. ON EB 12, 2014, RESPONDENT RECEIVED A CERTIFIED LETTER FROM EPA ISSUED PURSUANT TO ECTION 308 OF THE CWA ALONG WITH FORMS AND INSTRUCTIONS ON HOW TO FILL OUT THE DMR-QA FOR STUDY 34. THE SECTION 308 LETTER REQUIRED THAT RESPONDENT SUBMIT TO EPA THE RESULTS OF CERTAIN TEST INFO, INCLUDING THE NAME AND ADDRESS OF THE LAB PERFORMING THE ANALYSIS FOR RESPONDENT AND THE IDENTITY OF THE ANALYTES SPECIFIED IN THEIR NPDES PERMIT. ACCORDING TO THE SECTION 308 LETTER, THE DEADLINE FOR RESPONDENT TO SUBMIT ITS DMR-QA STUDY 34 TO THE EPA, REGION 4, WAS MARCH 21, 2014. ON MARCH 13, 2014, THE EPA BY MEMORANDUM SENT TO DMR-QA REGIONAL AND STATE COORDINATORS EXTENDED THE DEADLINE TO RESPOND TO THE SECTION 308 LETTER TO APR 4, 2014. BASED ON RECORDS MAINTAINED BY EPA, REGION 4, RESPONDENT HAS FAILED TO SUBMIT THE REQUIRED INFORMATION IN THE TIMEFRAME BY THE EPA'S SECTION 308 LETTER, WHICH WAS ISSUED UNDER THE AUTHORITY OF SECTION 308(a) OF THE CWA. THEREFORE, EPA, REGION 4 HAS DETERMINED THAT RESPONDENT IS IN VIOLATION OF SECTION 308(a) OF THE CWA. SECTION 309(a)(3) AUTHORIZES THE ADMINISTRATOR TO ISSUE A COMPLIANCE ORDER TO ANY PERSON WHO IS IN VIOLATION OF SECTION 308 OF THE CWA OR TO COMMENCE A CIVIL ACTION FOR APPROPRIATE RELIEF. ORDER: RESPONDENT SHALL HAVE 45 DAYS AFTER THE EFFECTIVE DATE TO CONDUCT THE DMR-QA STUDY AND/OR SUBMIT THE REPORT TO EPA.

Defendants (2)

• ASCEND PERFORMANCE MATERIALSNamed in settlement
• CITY OF CANTONMENT, FLORIDANamed in settlement

Facilities (6)

• ASCEND PERFORMANCE MATERIALS LLC

  3000 OLD CHEMSTRAND RD, CANTONMENT, FL, 32533

  Registry ID: 110027373045

• ASCEND PERFORMANCE MATERIALS LLC

  3000 OLD CHEMSTRAND RD, CANTONMENT, FL, 32533

  Registry ID: 110027373045

• ASCEND PERFORMANCE MATERIALS LLC

  3000 OLD CHEMSTRAND RD, CANTONMENT, FL, 32533

  Registry ID: 110027373045

• ASCEND PERFORMANCE MATERIALS LLC

  3000 OLD CHEMSTRAND RD, CANTONMENT, FL, 32533

  Registry ID: 110027373045

• ASCEND PERFORMANCE MATERIALS LLC

  3000 OLD CHEMSTRAND RD, CANTONMENT, FL, 32533

  Registry ID: 110027373045

• ASCEND PERFORMANCE MATERIALS LLC

  3000 OLD CHEMSTRAND RD, CANTONMENT, FL, 32533

  Registry ID: 110027373045

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CITY OF CANTONMENT, FLORIDA & ASCEND PERFORMANCE MATERIALSentered 2014-06-02

  Primary law: CWA

Timeline (4 milestones)

• 2014-06-02Final Order Issued
• 2014-06-24Enforcement Action Data Entered
• 2014-11-13Enforcement Action Closed
• 2014-11-13NPDES Closed