EPA v. WINTER GARDEN, FL, CITY OF

Case summary

11/17/2014 - ADMINISTRATIVE ORDER ISSUED. FINDINGS: EPA HAS ESTABLISHED AND CONTINUES TO OPERATE A DISCHARGE MONITORING REPORT QUALITY ASSURANCE (DMR-QA) PROGRAM PURSUANT TO CWA 308. THE DMR-QA PROGRAM IS AN ANNUAL STUDY DESIGNED TO ENSURE THAT NPDES PERMIT HOLDERS HAVE ADEQUATE LABORATORY QA/QC PROGRAMS TO ACCURATELY CONDUCT THE CHEMICAL, MICROBIOLOGICAL AND TOXICITY ANALYSES REQUIRED IN THEIR PERMIT. THE ANNUAL DMR-QA STUDY FOR 2014 IS KNOWN AS STUDY 34. ON FEB 12, 2014, RESPONDENT RECEIVED A CERTIFIED LETTER FROM EPA ISSUED PURSUANT TO CWA 308 ALONG WITH FORMS AND INSTRUCTIONS ON HOW TO FILL OUT THE DMR-QA FOR STUDY 34. THE 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 LETTER, THE DEADLINE FOR RESPONDENT TO SUBMIT ITS DMR-QA STUDY 34 TO EPA, REGION 4, WAS AUG 29, 2014. BASED ON RECORDS MAINTAINED BY EPA, RESPONDENT HAS FAILED TO SUBMIT THE REQUIRED INFO IN THE TIMEFRAME REQUIRED. THEREFORE, EPA REGION 4 HAS DETERMINED THAT RESPONDENT IS IN VIOLATION OF SECTION 308(a) OF THE CWA. ORDER: RESPONDENT SHALL HAVE 45 DAYS TO CONDUCT THE DMR-QA STUDY AND SUBMIT THE REPORT TO EPA.

Defendants (1)

• WINTER GARDEN, FL, CITY OFNamed in settlement

Facilities (1)

• WINTER GARDEN WWTF

  101 E CREST AVE, WINTER GARDEN, FL, 34787-2306

  Registry ID: 110000508987

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WINTER GARDEN, FL, CITY OFentered 2014-11-17

  Primary law: CWA

Timeline (4 milestones)

• 2014-11-17Final Order Issued
• 2014-12-31Enforcement Action Data Entered
• 2015-02-24NPDES Closed
• 2015-02-24Enforcement Action Closed