EPA v. D&B CUSTOM POWDER COATINGS & HYDROGRAPHICS, INC.

Case summary

8/19/15 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. AT ALL TIME RELEVANT TO THIS ACTION, RESPONDENT OWNS AND OPERATES A POWDER COATINGS AND HYDROGRAPHICS APPLICATIONS FACILITY IN GEORGIA. D&B IS AN INDUSTRIAL FACILITY WHICH PREPARES METAL OBJECTS FOR POWDER COATING BY EITHER SAND-BLASTING OR LIQUID ACID ETCHING. ONCE THE METAL IS PREPARED IT IS THEN SPRAYED WITH THE COATING PRODUCT AND THEN PLACED IN A HIGH-HEAT OVEN TO CURE THE POWDER COATING TO THE FINISHED PRODUCT AND COOLED. ON APR 27, 2006, D&B BEGAN CONSTRUCTION OF THE FACILITY. OPERATIONS STARTED AT THE FACILITY APPROX 4 MONTHS LATER, ON AUG 1, 2006. D&B DISCHARGES INDUSTRIAL WASTEWATER FROM ITS FACILITY TO THE DADE COUNTY WATER AND SEWER AUTHORITY WWTP AND ITS CONVEYANCES, WHICH COMPRISE A POTW AND MUNICIPALITY. ON JUNE 24, 2014, EPA CONDUCTED AN INDUSTRIAL USER COMPLIANCE INSPECTION AT THE FACILITY TO EVALUATE D&B'S COMPLIANCE WITH THE REQUIREMENTS OF CWA 301 AND 307 ; THE REGS PROMULGATED THEREUNDER AT 40 CFR PARTS 403 433; AND THE STATE OF GEORGIA'S PRETREATMENT REGS AT GEORGIA RULE 391-3-6-.08. AS A RESULT, EPA IDENTIFIED THE FOLLOWING VIOLATIONS OF PRETREATMENT STANDARDS AND REQUIREMENTS: A. SIGNIFICANT INDUSTRIAL USER DISCHARGE W/OUT A VALID PERMIT: THE FACILITY IS A SIGNIFICANT INDUSTRIAL USER, AS DEFINED BY 40 CFR 403.3(v). THE FACILITY IS THEREFORE REQUIRED BY GEORGIA RULE 391-3-6-.08 TO OBTAIN A VALID PERMIT FROM THE STATE OF GA PRIOR TO DISCHARGING TO A POTW. THE FACILITY DISCHARGED TO THE DCWSA W/OUT A VALID PERMIT FOR APPROX 9 YEARS, FROM AUG 1, 2006 TO PRESENT. B. NEW SOURCE FAILURE TO INSTALL AND OPERATE PRETREATMENT EQUIPMENT PRIOR TO DISCHARGE. PURSUANT TO 40 CFR 403.6(b), THE FACILITY IS SUBJECT TO THE FEDERAL CATEGORICAL PRETREATMENT STANDARDS IN 40 CFR PARTS 403 AND 433. THE FACILITY IS AN NEW SOURCE, AS DEFINED IN 40 CFR 403.3(m), BECAUSE IT ORIGINATED AFTER THE EPA PUBLISHED PROPOSED STANDARDS FOR PART 433 IN 1982. D&B WAS THUS REQUIRED TO INSTALL AND HAVE IN OPERATING CONDITION, ALL THE POLLUTION CONTROL EQUIPMENT NECESSARY TO MEET APPLICABLE PRETREATMENT STANDARDS, INCLUDING THOSE IN 40 CFR PART 433, PRIOR TO BEGINNING DISCHARGE TO THE POTW. THE FACILITY DID NOT INSTALL SUCH NECESSARY POLLUTION CONTROL EQUIPMENT PRIOR TO BEGINNING DISCHARGE TO THE POTW IN 2006 AND HAS NOT INSTALLED SUCH EQUIPMENT. THE FACILITY THUS HAS CONTINUED TO DISCHARGE TO THE POTW W/OUT THE NECESSARY POLLUTION CONTROL EQUIPMENT, IN CONTINUING VIOLATION OF 40 CFR 403.6(b). C. FAILURE TO REPORT/RECORD INITIAL COMPLIANCE WITH CATEGORICAL STANDARDS - W/IN 90 DAYS AFTER COMMENCING A DISCHARGE TO A POTW, A NEW SOURCE IS REQUIRED TO REPORT AND MAINTAIN RECORDS OF THE SELF-MONITORING INFO ON ITS COMPLIANCE WITH STANDARDS, PER 40 CFR 403.12(d), 403.12(l) AND 403.12(o). 90 DAYS AFTER COMMENCING DISCHARGE TO THE POTW IN 206, THE FACILITY DID NOT SUBMIT A REPORT TO THE STATE O GA OF ITS INITIAL COMPLIANCE WITH THE PRETREATMENT STANDARDS IN 40 CFR 433.17. THE FACILITY HAS ALSO NOT MAINTAINED THE REQUIRED RECORD DEMONSTRATING ITS INITIAL COMPLIANCE WITH THESE PRETREATMENT STANDARDS. D. FAILURE TO SUBMIT PERIODIC REPORTS ON CONTINUED COMPLIANCE WITH CATEGORICAL STANDARDS - PURSUANT TO 40 CFR 403.12(e), 403.12(g), 403.12(l), AND 403.12(o), ANY INDUSTRIAL USER SUBJECT TO CATEGORIAL PRETREATMENT STANDARDS MUST SUBMIT TO THE STATE OF GA AND MAINTAIN ITS OWN RECORDS OF ADD'L PERIODIC COMPLIANCE REPORTS AT LEAST TWICE A YEAR ON ITS COMPLIANCE WITH CATEGORICAL STANDARDS AND OTHER INFO. FROM AUG 1, 2006, UNTIL THE PRESENT, THE FACILITY HAS NOT SUBMITTED TO THE STATE OF GA, OR MAINTAINED ITS OWN RECORDS OF SELF-MONITORING REPORTS OF COMPLIANCE WITH 40 CFR 433.17. ON OCT 6, 2014, THE EPA SENT A NOTICE OF VIOLATION TO D&B REGARDING THE VIOLATIONS DESCRIBED ABOVE. ON DEC 16, 2014, THE EPA SENT A CWA SEC 308 INFO REQUEST TO D&B RESPONDED TO EPA'S NOTICE OF VIOLATION AND SUBSEQUEST CWA SECTION 308 INFO REQUEST ON FEB 2, 2015.

Defendants (1)

• D&B CUSTOM POWDER COATINGS & HYDROGRAPHICS, INC.Named in settlement

Facilities (1)

• D&B CUSTOM POWER COATINGS & HYDROGRAPHICS, INC.

  457 N. INDUSTRIAL BLVD, TRENTON, GA, 30752

  Registry ID: 110059801460

Statutes cited

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

Enforcement conclusions (1)

• D&B CUSTOM POWDER COATINGS & HYDROGRAPHICS, INC.entered 2015-08-19

  Primary law: CWA

Timeline (4 milestones)

• 2015-08-19Final Order Issued
• 2015-09-03Enforcement Action Data Entered
• 2017-02-09Enforcement Action Closed
• 2017-02-09NPDES Closed