EPA v. LAKELAND, FL, CITY OF

Case summary

12/1/15 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: ON 2/3/15, RESPONDENT RECEIVED A CERTIFIED LETTER FROM THE EPA ISSSUED PURSUANT TO SECTION 308 OF THE CWA, 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 THE EPA RESULTS OF CERTAIN TEST INFORMATION, INCLUDING THE NAME AND ADDRES OF THE LABORATORY PERFORMING THE ANALYSIS FOR RESPONDENT AND THE IDENTIFY OF THE ANALYTES SPECIFIED IN THEIR NPDES PERMIT. ACCORDING TO THE SECTION 308 LETTER, THE DEADLINE FOR RESPONDENT TO SUBMIT THE DMR-QA STUDY TO THE EPA, REGION 4, WAS AUGUST 28, 2015. BASED ON RECORDS MAINTAINED BY THE EPA, REGION 4, RESPONDENT HAS FAILED TO SUBMIT THE REQUIRED INFORMATION IN THE TIMEFRAME REQUIRED BY THE EPA'S SECTION 308 LETTER, WHICH WAS ISSUED UNDER THE AUTHORITY OF SECTION 308(a) OF THE CWA. THEREFORE, THE EPA, REGION 4, HAS DETERMINED THAT RESPONDENT IS IN VIOLATION OF SECTION 308(a) OF THE CWA. ORDER REQUIRES: AS PROVIDED BY SECTION 309(a)(4) OF THE CWA, PRIOR TO COMPLYING WITH THIS ORDER, RESPONDENT SHALL HAVE THE OPPORTUNITY TO CONFER WITH THE EPA. THEREFORE, EPA IS PROVIDING YOU A PERIOD OF TWENTY-ONE (21) DAYS FROM RECEIPT OF THIS ORDER, TO CONFER WITH DIRECTOR, OF THE WATER PROTECTION DIVISION, US EPA, REGION 4. THIS ORDER SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE EXPIRATION OF THE TWENTY-ONE 921) DAY CONSULTATION PERIOD (THE EFFECTIVE DATE ), UNLESS A CONSULTATION IS HELD PURSUANT TO PARAGRAPH 15 AND, BASED ON SUCH CONSULTATION, THE EPA, REGION 4, DETERMINES THAT RECONSIDERATION OF THIS ORDER IS WARRANTED AND NOTIFIES RSPONDENT IN WRITING OF THE DETERMINATION. RESPONDENT SHALL HAVE FORTY-FIVE (45) DAYS AFTER THE EFFECTIVE DATE TO CONDUCT THE DMR-QA STUDY AND SUBMIT THE REPORT TO THE EPA.

Defendants (1)

• LAKELAND, FL, CITY OFNamed in settlement

Facilities (1)

• LAKELAND ELECTRIC & WATER UTILITIES - CD MCINTOSH POWER PLANT

  3030 E LAKE PARKER DR, LAKELAND, FL, 33805

  Registry ID: 110064592819

Statutes cited

• CWA 308 — Information Request, Records, Entry

Enforcement conclusions (1)

• LAKELAND, FL, CITY OFentered 2015-12-01

  Primary law: CWA

Timeline (4 milestones)

• 2015-12-01Final Order Issued
• 2015-12-15Enforcement Action Data Entered
• 2016-03-07NPDES Closed
• 2016-03-07Enforcement Action Closed