EPA v. HAVELOCK, NC, CITY OF

Case summary

12/29/15 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $11,500, DUE WITHIN 30 DAYS. ALLEGATIONS: AT ALL TIMES RELEVANT TO THIS ACTION, RESPONDENT OWNED AND OPEATED A POTW WHICH HAS A DESIGN FLOW RATE EQUAL TO OR TREATER THAN 1M GALLONS PER DAY, SERVES 10,000 PEOPLE OR MORE OR IS A CLASS I SLUDGE MANAGEMENT FACILITY AS DEFINED IN 40 CFR 503.9(c). RESPONDENT IS A PERSON WHO PREPARES SEWAGE SLUDGE AS DEFINED IN 40 CFR 503.9(r), AS EITHER THE PERSON WHO GENERATES SEWAGE SLUDGE DURING THE TREATMENT OF DOMESTIC SEWAGE IN A TREATMENT WORKS OR THE PERSON WHO DERIVES A MATERIAL FROM SEWAGE SLUDGE, IS THUS SUBJECT TO THE REQUIREMENTS OF THE CWA AND 40 CFR PART 503. CWA 405(e) MAKES IT UNLAWFUL FOR ANY PERSON TO DISPOSE OF SEWAGE SLUDGE FROM A TREATMENT WORKS TREATING DOMESTIC SEWAGE EXCEPT IN ACCORDANCE WITH REGS PROMULGATED PURSUANT TO CWA 405(d), WHICH ARE FOUND AT 40 CFR PART 503. 40 CFR PART 503 ESTABLISHES STANDARDS FOR THE USE AND DISPOSAL OF SLUDGE, AND CONSISTS OF GENERAL REQUIREMENTS, POLLUANT LIMITS, MANAGEMENT PRACTICES, OPERATIONAL STANDARDS, FREQUENCY OF MONITORING, RECORDKEEPING, AND REPORTING, FOR THE FINAL USE OR DISPOSAL OF SEWAGE SLUDGE GENERATED DURING THE TREATMENT OF DOMESTIC SEWAGE IN A TREATMENT WORKS. 40 CFR 503.18(a) REQUIRES CLASS I SLUDGE MANAGEMENT FACILITIES, POTWs WITH A DESIGN FLOW RATE EQUAL TO OR GREATER THAN 1M GALS PER DAY AND POTWs THAT SERVE 10,000 PEOPLE OR MORE TO SUBMIT CERTAIN INFO TO THE PERMITTING AUTHORITY (EPA) ON FEB 19TH OF EACH DAY. THIS INFO IS HEREINAFTER REFERRED AS THE ANNUAL SLUDGE REPORT. RESPONDENT SUBMITTED THE ANNUAL SLUDGE REPORT FOR CALENDAR YEAR 2014 ON FEB 10, 2015. IN THE ANNUAL SLUDGE REPORT, RESPONDENT REPORTED 137.23 DRY METRIC TONS (dmt) OF SEWAGE SLUDGE WERE LAND APPLIED TO AGRICULTURAL LAND ON FIELDS IDENTIFIED AS FIELD NUMBER SF PA2-1A, SF PA2-1B, SF PA2-1C, SF PA2-1D, SF PA2-1E, SF PA2-1, AND SF PA-1G IN CALENDAR YEAR 2014. 40 CFR 503.15(c)(1) REQUIRES THAT ONE OF THE VECTOR ATTRACTION REDUCTION (VAR) REQUIREMENTS IN 503.33(b)(1) THRU (b)(10) SHALL BE MET WHEN BULK SEWAGE SLUDGE IS APPLIED TO AGRICULTURAL LAND, FOREST, A PUBLIC CONTACT SITE, OR A RECLAMATION SITE. 40 CFR 503.11(e) DEFINES BULK SEWAGE SLUDGE AS SEWAGE SLUDGE THAT IS NOT SOLD OR GIVEN AWAY IN A BAG OR OTHER CONTAINER FOR APPLICATION TO THE LAND. IN FEBRUARY 2014, THE RESPONDENT LAND APPLIED 63.55 dmt OF SEWAGE SLUDGE TO AGRICULTURAL LAND IN WHICH RESPONDENT FAILED TO COMPLY WITH 40 CFR 503.15(c)(1) BY NOT MEETING ONE OF THE VAR REQUIREMENTS IN 40 CFR 503.33(b)(1) THRU (b)(10). THEREFORE, RESPONDENT VIOLATED CWA 405(e).

Defendants (1)

• HAVELOCK, NC, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• HAVELOCK WWTP

  304 N JACKSON DR, HAVELOCK, NC, 28532

  Registry ID: 110012588280

Statutes cited

• CWA 405 — Sewage Sludge Disposal

Enforcement conclusions (1)

• HAVELOCK, NC, CITY OFentered 2015-12-29

  Primary law: CWA

  Federal penalty: $11,500

Timeline (5 milestones)

• 2015-12-29Final Order Issued
• 2015-12-29Complaint Filed/Proposed Order
• 2016-01-05Enforcement Action Data Entered
• 2016-01-15Enforcement Action Closed
• 2016-01-15NPDES Closed