EPA v. RED SPRINGS, NORTH CAROLINA, TOWN OF

Case summary

9/30/15 - CONSENT AGMT ISSUED, ASSESSING A PENALTY A PENALTY OF $50,000. WITHIN 30 DAYS, TOWN SHALL PAY $12,000. WITHIN 6 MONTHS, TOWN SHALL PAY $12,500. WITHIN 12 MONTH, TOWN SHALL PAY $12,500. WITHIN 18 MONTHS, TOWN SHALL PAY $12,500. ALLEGATIONS: ON MAY 10, 2013, EPA SENT AN NOV TO THE TOWN REGARDING PERMIT EFFLUENT LIMIT VIOLATIONS SELF-REPORTED TO THE INTEGRATED COMPLIANCE AND INFORMATION SYSTEM (ICIS). THE NOV REQUIRED THE TOWN TO PROVIDE A WRITTEN EXPLANATION OF THE CAUSE OF THE TOWN'S pH, COPPER, MERCURY, AND CYANIDE VIOLATIONS AND A SUMMARY OF THE CORRECTIVE ACTIONS PLANNED OR TAKEN TO ADDRESS THE EXCEEDANCES. ON JUNE 27, 2013, THE TOWN PROVIDED A RESPONSE, WHICH STATED THAT THE TOWN REQUIRED THEDENTAL OFFICES TO INSTALL MERCURY TRAPS AS A RESULT OF THE NCDENR ORDER ISSUED IN 2003. ADDITIONALLY, THE TOWN HAS SLIP LINED TARGETED AREAS OF THE SYSTEM CLOSEST TO THE DENTAL OFFICES TO ADDREESS HISTORICAL MERCURY BUILD UP. THE LATERAL FROM DR. CHERYL LOCKLEAR'S DENTAL OFFICE WAS REPLACED IN OCT 2008. AT THE TIME OF THE NOV RESPONSE, DR. DOUGLAS JACKSON'S LATERAL LINE HAD NOT BEEN REPLACED. ON FEB 25, 2014, EPA SENT THE TOWN AN OPPORTUNITY TO SHOW CAUSE LETTER NOTIFYING THE TOWN OF ADDITIONAL VIOLATIONS ASSOCIATED WITH EFFLUENT LIMIT EXCEEDANCES AND REQUISTING THAT THE TOWN PARTICIPATE IN A SHOW CAUSE MEETING WITH EPA. EPA AND THE TOWN HELD A SHOW CAUSE MEETING ON MAR 6, 2014. DURING THE MEETING, THE TOWN DISCUSSED ITS PROGRESS WITH INVESTIGATING THE SOURCE OF THE MERCURY NONCOMPLIANCE AND ITS UPCOMING SAMPLING OF THE DENTAL OFFICE LATERALS. ON MAR 13, 2014, THE TOWN SAMPLED THE LATERALS AT DR. LOCKLEAR AND DR. JACKSON'S OFFICES AS WELL AS THE WWTP INFLUENT AND EFFLUENT. THE RESULTS SHOWED 278,000 nf/L, 9740 ng/L 495 ng/L AND 11.6 ng/L RESPECTIVELY. THE TOWN SENT A LETTER ON SEP 25, 2014 NOTIFYING DR. LOCKLEAR THAT A BUILDUP OF MERCURY WAS DETERMINED TO BE COMING FROM THE LATERAL LINE BASED UPON A CAMERA VIEWING OF THE LINE. THE DENTAL OFFICE WAS PROVIDED A TIMEFRAME OF APPROX 30 DAYS TO REPLACE THE LINE OR FOLLOW UP WITH THE TOWN FOR MORE TIME. THE TOWN CONDUCTED SUBSEQUENT SAMPLING OF THE WASTEWATER DISCHARGING FROM DR. LOCKLEAR'S DENTAL OFFICE IN OCT 2014 AND DR. JACKSON'S DENTAL OFFICE IN JAN 2015. THESE SAMPLES INDENTIFIED MERCURY LEVELS AT A MAGNITUDE OF 400 TIMES OR GREATER THAN THE TOWN'S FINAL PERMIT EFFLUENT LIMIT. THE CONTAMINANTS WHICH WERE DISCHARGED IN EXCESS OF THE PERMIT LIMIT HAVE BEEN IDENTIFIED AS CONTRIBUTORS OF THE PERMIT LIMIT EXCEEDANCES. DURING THE MONTHS OF MAR THRU JUNE 2014, THE TOWN REPORTED VIOLATIONS OF ITS MERCURY DAILY MAX LIMITS. ADDITIONALLY, THE TOWN'S NOV 2014 EFFLUENT DISCHARGE SAMPLE WAS 70% HIGHER THAN THE PERMIT LIMIT AND WAS TAKEN 3 DAYS AFTER THE LATERAL SAMPLE AT DR. JACKSON'S OFFICE TAKEN IN OCT 2014. THESE FINDINGS OF MERCURY PERMIT LIMIT EXCEEDANCES WITH THE HIGH MERCURY LEVELS SAMPLED AT THE ABOVE IDENTIFIED LOCATIONS IN THE COLLECTION SYSTEM MEET THE REQUIREMENTS OF PASS THROUGH AS DEFINED IN 40 CFR PART 403.3(p). THE TOWN EXCEEDED ITS PERMIT EFFLUENT LIMITSFOR MERCURY, COPPER, CYANIDE, AND ZINC IN 33 MONTHS FROM MAY 2012 THRU MARCH 2015. THE TOWN VIOLATED CWA 301(a) IN THAT THE TOWN DISCHARGED POLLUTANTS TO NAVIGABLE WATERS NOT IN COMPLIANCE WITH ITS NPDES PERMIT AND HAS VIOLATED 40 CFR PART 403.5 BY FAILING TO ESTABLISH LOCAL LIMTS AND ENFORCE WHEN PAS THROUGH OR INTERFERENCE TO THE POTW WAS IDENTIFIED.

Defendants (1)

• RED SPRINGS, NC, TOWN OFNamed in complaintNamed in settlement

Facilities (1)

• RED SPRINGS WWTP

  NC HWY 71, RED SPRINGS, NC, 28377

  Registry ID: 110000761943

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• RED SPRINGS, NORTH CAROLINA, TOWN OFentered 2015-09-30

  Primary law: CWA

  Federal penalty: $50,000

Timeline (5 milestones)

• 2015-09-30Complaint Filed/Proposed Order
• 2015-09-30Final Order Issued
• 2015-10-01Enforcement Action Data Entered
• 2017-04-13NPDES Closed
• 2017-04-13Enforcement Action Closed