EPA v. FORT PIERCE, FL, CITY OF

Case summary

12/1/15 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. EPA HAS ESTABLISHED AND CONTINUES TO OPERATE A DISCHARGE MONITORING REPORT QUALITY ASSURANCE (DMR-QA) PROGRAM PURSUANT TO SECTION 308 OF THE CWA. THE DMR-QA PROGRAM IS AN ANNUAL STUDY DESIGNED TO ENSURE THAT NPDES PERMIT HOLDERS HAVE ADEQUATE LABORATORY QUALITY ASSURANCE/QUALITY CONTROL 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 INSTRUCTOINS ON HOW TO FILL OUT THE DMR-QA FOR STUDY 35. THE LETTER REQUIRED RESPONDENT TO SUBMIT TO EPA THE RESULTS OF CERTAIN TEST INFO, INCLUDING THE NAME AND ADDRESS OF THE LAB PERFORM 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 MAINTAINED BY EPA REGION 4, RESPONDENT HAS FAILED TO SUBMIT THE REQUIRED INFO IN THE TIMEFRAME REQUIRED BY EPA'S 308 LETTER. THEREFORE, EPA REGION 4 HAS DETERMINED THAT RESPONDENT IS IN VIOLATION OF CWA 308(a).

Defendants (1)

• FORT PIERCE, FL, CITY OFNamed in settlement

Facilities (1)

• FORT PIERCE UTILITY AUTHORITY--WWTF.

  403 SEAWAY DRIVE/ A1A, FORT PIERCE, FL, 34948

  Registry ID: 110000526654

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• FORT PIERCE, FL, CITY OFentered 2015-12-01

  Primary law: CWA

Timeline (4 milestones)

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