EPA v. R-SQUARED-PUCKETT, INC.

Case summary

10/25/16-ADMIN COMPLIANCE ORDER ISSUED. ALLEGATIONS: RESPONDENT IS AN INDUSTRIAL USER AND ITS PROCESS INCLUDES METAL PARTS CLEANING, COATING AND CONTACT COOLING WATER OF ALUMINUM PARTS. ON APR 22 -23, 2014, EPA'S NATL ENFORCEMENT INVESTIGATIONS CENTER AND R4, EPA CONDUCTED A CWA COMPLIANCE INVESTIGATION OF THE FACILITY TO EVALUATE RESPONDENT'S COMPLIANCE WITH THE REQUIREMENTS OF CWA 301, 307, AND 402; THE REGS PROMULGATED THEREUNDER AT 40 CFR PARTS 403 AND 433; SECTION 49-17-1 ET SEQ, MISSISSIPPI CODE OF 1972 AND RESPONDENT'S PRETREATMENT PERMIT. AS A RESULT, EPA IDENTIFIED THE FOLLOWING VIOLATIONS OF THE PRETREATMENT STANDARDS AND REQUIREMENTS: - RESPONDENTS PROCEDURES FOR OPERATING THE ONSITE WWTP DID NOT REFLECT ACTUAL OPERATIONS. SEVERAL PROCESS UNITES DESCRIBED FOR THE WWTP WERE NOT BEING OPERATED, OR WERE REMOVED FROM SERVICE; THESE INCLUDE THE pH ADJUSTMENT TANK (T-6) AND CLARIFIER TANK #2 IN VIOLATION OF THE PERMIT. - SEVERAL COMPONENTS WERE ADDED TO THE FACILITY'S SYSTEM(S) THAT WERE NOT IN THE ORIGINAL PERMIT APPLICATION. THESE ADDED COMPONENTS INCLUDE 3 WASTEWATER STORAGE TANKS AND A STORMWATER STORAGE TANK. THERE WERE ALSO OBSERVED OUT OF SERVICE TREATMENT TANK MIXERS; THERE WAS NO AVAILABLE RETURN TO SERVICE SCHEDULE FOR THE MIXERS AS REQUIRED BY PERMIT. - RESPONDENT IS INCORRECTLY COLLECTING GRAB SAMPLES TO MANUALLY COMPOSITE. FOR OTHER PARAMETERS, COMPOSITE-EFFLUENT SAMPLES ARE BEING COLLECTED USING A SEVERELY DAMAGED AUTOMATIC SAMPLER. BECAUSE THE EQUIPMENT IS SO SEVERELY DAMAGED, SAMPLES ARE NOT BEING PROPERLY REFRIGERATED IN VIOLATION OF THE PERMIT AND 40 CFR 136.3 TABLE II FOOTNOTE 2. - THERE WERE NO RECORDS DOCUMENTING THAT THE 23-HOUR COMPOSITE SAMPLES WERE MONITORED FOR TEMPERATURE OR MAINTAINED AT <6 DEGREES C DURING THE SAMPLE COMPOSITING PERIOD AS REQUIRED BY PERMIT AND 40 CFR 136.3 TABLE II FOOTNOTE 2. - SAMPLES COLLECTED FOR THE OIL AND GREASE PARAMETER OF THE PERMIT ARE BEING IMPROPERLY COLLECTED IN A GENERIC-GLASS JAR AND ARE THEN BEING TRANSFERRED INTO THE LAB-SUPPLIED SAMPLE CONTAINER IN VIOLATION OF PERMIT AND 40 CFR 136.3 TABLE II. - RESPONDENT IS NOT COLLECTING CALIBRATING pH INSTRUMENTATION BEING USED TO CONDUCT COMPLIANCE SAMPLING AS REQUIRED BY PERMIT AND 40 CFR PART 136. - RESPONDENT USES AN INLINE, MECHANICAL, ANALOG FLOW METER, WHICH DISPLAYS THE INSTQANTANEOUS FLOW RATE AND THE TOTAL FLOW VOLUME THRU THE SYSTEM, UP TO A POINT IN THE PIPE, HOWEVER, THE DISCHARGE PIPE HAS NO PRIMARY FLOW DEVICE, SUCH AS A WEIR OR PARSHALL FLUME WHICH CAN BE USED TO DETERMINE THE TOTAL FLOW VOLUME IN ALL DISCHARGE S TO THE POTW. THEREFORE, EFFLUENT FLOW CANNOT BE ACCURATELY REPORTED IN VIOLATION OF PERMIT AND 40 CFR PART 136. - RESPONDENT DID NOT REPORT WEEKLY pH EFFLUENT DATA ON THE DISCHARGE MONITORING REPORTS (DMR) FROM JULY 2011 THRU MAR 2014 AS REQUIRED BY PERMIT. - RESPONDENT DID NOT RETAIN THE INITIAL pH MONITORING RECORDS FROM JULY 2011 THRU MAR 2014 FOR THE MINIMUM 3 YR PERIOD AS REQUIRED BY PERMIT. - OTHER RECORDS AND RESULTS OF MONITORING ACTIVITIES INCLUDING CALIBRATION AND MAINTENANCE ACTIVITIES AS REQUIRED BY THE PERMIT, WERE NOT DOCUMENTED OR RETAINED BY RESPONDENT FOR THE TIME BETWEEN JULY 2011 THRU MAR 2014 AS REQUIRED BY PERMIT. - THE CHAIN OF CUSTODY REPORT(S) INDICATED THERE WAS EITHER NO pH ANALYSIS REPORTED, AND/OR THE RESULTS RECORDED DO NOT MATCH DMR DATA REPORTED FOR pH FROM JULY 2011 THRU MAR 2014 IN VIOLATION OF PERMIT. - AT THE TIME OF THE INSPECTION THE RESPONDENT'S PROCESSES HAD CHANGED AND THEY NOW MANUFACTURE DIFFERENT COMPONENTS THAN WERE DESCRIBED IN THEIR ORIGINAL APPLICATION SUBMITTED TO MDEQ FOR A PRETREATMENT PROGRAM PERMIT. RESPONDENT DID NOT NOTIFY MDEQ OF THESE PROCESS CHANGES WHEN THEY OCCURRED, AND HAD NOT REQUESTED A NEW OR MODIFIED PERMIT FROM MDEQ IN VIOLATION OF PERMIT. IN A SHOW CAUSE MEETING, FACILITY ADVISED EPA THAT FACILITY HAD CHANGED ITS PRODUCTION PROCESS AND NO LONGER DISCHARGES WASTEWATER TO POTW

Defendants (1)

• R-SQUARED-PUCKETT, INC.Named in settlement

Facilities (1)

• PUCKETT POTW

  118 CATHERINE ANN STREET, PUCKETT, MS, 39151

  Registry ID: 110002307281

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• R-SQUARED-PUCKETT, INC.entered 2016-10-25

  Primary law: CWA

Timeline (4 milestones)

• 2016-10-25Final Order Issued
• 2016-11-21Enforcement Action Data Entered
• 2018-08-30NPDES Closed
• 2018-08-30Enforcement Action Closed