EPA v. PHOENIX CHEMICAL COMPANY, INC.

Case summary

7/31/2019 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $55,000, DUE WITHIN 30 DAYS. ALLEGATIONS: BASED ON OBSERVATIONS MADE DURING THE INSPECTION AND ITS SUBSEQUENT REVIEW OF INFO OBTAINED FROM RESPONDENT, EPA ALLEGES THAT RESPONDENT HAS VIOLATED SECTION 307 OF THE CWA DUE TO RESPONDENT'S FAILURE TO COMPLY WITH PRETREATMENT STANDARDS AND REQUIREMENTS AS DEFINED IN 40 CFR 403.3(1) AND 403.3(t). SPECIFICALLY, EPA ALLEGES THE FOLLOWING VIOLATIONS: A. SIGNIFICANT INDUSTRIAL USER DISCHARGE W/OUT A PERMIT - RESPONDENT WAS A SIGNIFICANT INDUSTRIAL USER AND WAS THEREFORE REQUIRED TO OBTAIN A VALID PERMIT PRIOR TO DISCHARGING TO A POTW. RESPONDENT DISCHARGED TO THE POTW W/OUT A VALID PERMIT FROM JUNE 1996 TO NOV 1, 2016. B. FAILURE TO SUBMIT MONITORING AND REPORTING IN ACCORDANCE WITH REGULATORY REQUIREMENTS. AT LEAST 90 DAYS PRIOR TO COMMENCEMENT OF DISCHARGE, A NEW SOURCE IS REQUIRED TO SUBMIT TO THE CONTROL AUTHORITY A REPORT WHICH CONTAINS THE INFO LISTED IN 40 CFR 403.12(b)(1) - (5), AS WELL AS INFO ON THE METHOD OF PRETREATMENT THE SOURCE INTENDS TO USE TO MEET APPLICABLE PRETREATMENT STANDARDS AND TO MAINTAIN RECORD OF THE REPORT, PER 40 CFR 403.12(d), 403.12(g), 403.12(l) AND 403.12(o). WITHIN 90 DAYS AFTER COMMENCING A DISCHARGE TO A POTW, A NEW SOURCE IS REQUIRED TO REPORT TO THE CONTROL AUTHORITY AND MAINTAIN RECORD OF THE SELF-MONITORING INFO ON ITS COMPLIANCE WITH STANDARDS, PER 40 CFR 403.12(d), 403.12(g), 403.12(l) AND 403.12(o). PURSUANT TO 403.12(e), 403.12(g), 403.12(l) AND 403.12(o), ANY INDUSTRIAL USER SUBJECT TO CATEGORICAL PRETREATMENT STANDARDS MUST SUBMIT TO THE CONTROL AUTHORITY, AND MAINTAIN RECORDS OF, ADDITIONAL PERIODIC COMPLIANCE REPORTS AT LEAST TWICE A YEAR ON COMPLIANCE WITH CATEGORICAL STANDARDS AND OTHER INFO. RESPONDENT DID NOT MAINTAIN RECORDS INDICATING COMPLIANCE WITH THE ABOVE MONITORING AND REPORTING REQUIREMENTS.

Defendants (1)

• PHOENIX CHEMICAL COMPANY, INC.Named in complaintNamed in settlement

Facilities (2)

• PHOENIX CHEMICAL COMPANY, INC

  202 GEE ROAD, CALHOUN, GA, 30701

  Registry ID: 110013752858

• PHOENIX CHEMICAL COMPANY, INC

  202 GEE ROAD, CALHOUN, GA, 30701

  Registry ID: 110013752858

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• PHOENIX CHEMICAL COMPANY, INC.entered 2019-07-31

  Primary law: CWA

  Federal penalty: $55,000

Timeline (5 milestones)

• 2019-07-31Final Order Issued
• 2019-07-31Complaint Filed/Proposed Order
• 2019-08-06Enforcement Action Data Entered
• 2019-09-18Enforcement Action Closed
• 2019-09-18NPDES Closed