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

Case summary

11/8/2016 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $8000. ON JUNE 24, 2014, EPA CONDUCTED A PRETREATMENT RECONNAISSANCE INSPECTION TO EVALUATE THE RESPONDENT'S COMPLIANCE WITH THE REQUIREMENTS OF CWA 301 AND 307; THE REGS PROMULGATED THEREUNDER AT 40 CFR PARTS 403 AND 433; AND THE STATE OF GA'S PRETREATMENT REGS AT GEORGIA RULE 391-3-6-.08. BASED ON THE OBSERVATIONS MADE DURING ITS INSPECTION, EPA DETERMINED THAT RESPONDENT DISCHARGED TO THE DCWSA POTW FOR A PERIOD OF 9 YEARS, FROM AUG 1, 2006, TO NOV 10, 2015, WITHOUT OBTAINING A PERMIT FROM THE STATE OF GA, THE PRETREATMENT CONTROL AUTHORITY. RESPONDENT DID NOT INSTALL THE NECESSARY POLLUTION CONTROL EQUIPMENT PRIOR TO BEGINNING DISCHARGE TO THE POTW IN 2006 THRU NOV 9, 2025 AS REQUIRED BY 40 CFR 403.6(b). THE RESPONDENT THUS DISCHARGED TO THE POTW WITHOUT THE NECESSARY POLLUTION CONTROL EQUIPMENT, IN VIOLATION OF 40 CFR 403.6(b). 90 DAYS AFTER COMMENCING DISCHARGE TO THE POTW IN 2006, THE RESPONDENT DID NOT SUBMIT A REPORT TO THE STATE OF GA OF ITS INITIAL COMPLIANCE WITH THE PRETREATMENT STANDARDS IN 40 CFR 433.17. RESPONDENT HAS ALSO NOT MAINTAINED THE REQUIRED RECORD DEMONSTRATING ITS INITIAL COMPLIANCE WITH PRETREATMENT STANDARDS PER 40 CFR 403.12(d), 403.12(g), 403.12(l), AND 403.12(o). FROM AUG 1, 2006, UNTIL JAN 14, 2016, RESPONDENT HAD NOT SUBMITTED TO THE STATE OF GA OR MAINTAINED ITS OWN RECORDS OF SELF-MONITORING REPORTS OF COMPLIANCE WITH 40 CFR 433.17, PURSUANT TO 40 CFR 403.12(e), 403.12(g), 403.12(l) and 403.12(o). RESPONDENT HAS VIOLATED CWA 301 AND 307 BY DISCHARGING PROCESS WASTEWATER WITHOUT PROPER AUTHORIZATION TO THE DCWSA POTW, AND BY FAILING TO COMPLY WITH APPLICABLE PRETREATMENT STANDARDS IN 40 CFR PARTS 403 AND 433, AND GEORGIA RULE 391-3-6-.08.

Defendants (1)

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

Facilities (1)

• CARTWRIGHT INDUSTRIES, INC, (D.B.A. D&B CUSTOM POWDER COATING & HYDROGRAPHICS, I

  457 NORTH INDUSTRIAL BLVD., TRENTON, GA, 30752

  Registry ID: 110059801460

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• D&B CUSTOM POWDER COATINGS & HYDROGRAPHICS, INC.entered 2016-11-08

  Primary law: CWA

  Federal penalty: $8,000

Timeline (5 milestones)

• 2016-11-08Final Order Issued
• 2016-11-08Complaint Filed/Proposed Order
• 2017-01-03Enforcement Action Data Entered
• 2017-10-24NPDES Closed
• 2017-10-24Enforcement Action Closed