EPA v. WINTER GARDEN, FL, CITY OF WWTF

Case summary

3/21/17 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: THE ANNUAL DMR-QA STUDY FOR 2016 IS KNOWN AS STUDY 36. ON FEBRUARY 2, 2016, RESPONDENT RECEIVED A CERTIFIED LETTER FROM THE EPA PURSUANT TO SECTION 308 OF THE CWA (SECTION 308 LETTER) ALONG WITH FORMS AND INSTRUCTIONS ON HOW TO FILL OUT THE DMR-QA FOR STUDY 36. THE SECTION 308 LETTER REQUIRED THAT RESPONDENT SUBMIT TO THE EPA THE RESULTS OF CERTAIN TEST INFORMATION, INCLUDING THE NAME AND ADDRESS OF THE LABORATORY PERFORMING THE ANALYSIS FOR RESPONDENT AND THE INDENTITY OF THE ANALYTES SPECIFIED IN THEIR NPDES PERMIT. ACCORDING TO THE SECTION 308 LETTER, THE DEADLINE FOR RESPONDENT TO SUBMIT ITS DMR-QA STUDY 36 TO THE EPA, REGION 4, WAS AUGUST 26, 2016. 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. SECTION 309(a)(3) AUTHORIZES THE ADMINISTRATOR TO ISSUE A COMPLIANCE ORDER TO ANY PERSON WHO IS IN VIOLATION OF SECTION 308 OF THE CWA, 33 U.S.S. SECTION 1318, OR TO COMMENCE A CIVIL ACTION FOR APPROPRIATE RELIEF. 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 TWENTY-ONE (21) DAYS FROM RECEIPT OF THIS ORDER. THIS ORDER SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE EXPIRATION OF THE TWENTY-ONE (21) DAYS CONSULTATION PERIOD ( EFFECTIVE DATE ), UNLESS A CONSULTATION, THE EPA, REGION 4, DETERMINES THAT RECONSIDERATION OF THIS ORDER OF THIS ORDER IS WARRANTED AND NOTIFIES RESPONDENT 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)

• WINTER GARDEN, FL, CITY OF WWTFNamed in settlement

Facilities (1)

• WINTER GARDEN WWTF

  101 E CREST AVE, WINTER GARDEN, FL, 34787-2306

  Registry ID: 110000508987

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WINTER GARDEN, FL, CITY OF WWTFentered 2017-03-21

  Primary law: CWA

Timeline (4 milestones)

• 2017-03-21Final Order Issued
• 2017-03-31Enforcement Action Data Entered
• 2017-09-14Enforcement Action Closed
• 2017-09-14NPDES Closed