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04-2016-4755Administrative - FormalClosedFY 2016· Region 04

EPA v. FERNANDINA BEACH, FL, CITY OF

Unilateral Administrative Order Without Adjudication

Case summary

11/25/15 - COMPLIANCE ORDER ISSUED. EPA HAS ESTABLISHED AND CONTINUES TO OPERATE A 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/AC PROGRAMS TO ACCURATELY CONDUCT THE CHEMICAL, MICROBIOLOGICAL AND TOXICITY ANALYSES REQUIRED IN THEIR PERMIT. THE ANNUAL DMR-QA STUDY FOR 2015 IS KNOWN AS STUDY 35. ON FEB 3, 2015, 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 35. THE SECTION 308 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 308 LETTER, THE DEADLINE FOR RESPONDENT TO SUBMIT ITS DMR-QA STUDY 35 TO EPA, REGION 4 WAS AUG 28, 2015. BASED ON RECORDS MAINTAIN BY EPA, REGION 4, RESPONDENT HAS FAILED TO SUBMIT THE REQUIRED INFO IN THE TIMEFRAME REQUIRED BY EPA SECTION 308 LETTER. THEREFORE, EPA REGOIN 4 HAS DETERMINED THAT RESPONDENT IS IN VIOLATION OF CWA 308(a).

Defendants (1)

  • FERNANDINA BEACH, FL, CITY OFNamed in settlement

Facilities (1)

  • FERNANDINA BEACH WWTF

    1007 S 5TH ST, FERNANDINA BEACH, FL, 32034-4011

    Registry ID: 110000914556

Statutes cited

  • CWA 301/402NPDES Permit Violations

Enforcement conclusions (1)

  • FERNANDINA BEACH, FL, CITY OFentered 2015-11-25

    Primary law: CWA

Timeline (4 milestones)

  • 2015-11-25Final Order Issued
  • 2015-12-15Enforcement Action Data Entered
  • 2016-02-16NPDES Closed
  • 2016-02-16Enforcement Action Closed

Case metadata

EPA activity ID
3600465549
Case number
04-2016-4755
Lead agency
EPA
EPA region
04
Voluntary self-disclosure
No
Primary statute
NPDES Permit Violations

Sourced verbatim from EPA ECHO Enforcement Case Report for case 04-2016-4755 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.