EPA v. HABERSHAM METAL PRODUCTS COMPANY

Case summary

9/24/2019 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,000, DUE WITHIN 30 DAYS. ALLEGATIONS: ON SEPT 30, 2015, AN EPA CONTRACTOR CONDUCTED A PRETREATMENT RECONNAISSANCE INSPECTION OF THE FACILITY TO ASSESS RESPONDENT'S COMPLIANCE WITH THE PRETREATMENT STANDARDS AND THE CWA. THE FACILITY ADVISED EPA THAT IT HAD UNDERGONE A LARGE EXPANSION TO ITS PRODUCTION AREA TO INSTALL METAL CHEMICAL TREATMENT (PHOSPHATING) AND POWDER COATING PROCESSES SOMETIME AFTER ENTERING INTO A SEWER CONNECTION AGREEMENT WITH THE CITY ON MAY 13, 1991. THE FACILITY WAS ADVISED IN THE CLOSING CONFERENCE THAT THIS SUBSEQUENT DISCHARGE WAS LIKELY REGULATED BY PRETREATMENT STANDARDS. ON DEC 12, 2016, EPA SENT A NOTICE OF VIOLATION AND OPPORTUNITY TO SHOW CAUSE PURSUANT TO CWA 309 AND AN INFO REQUEST PURSUANT TO CWA 308 TO RESPONDENT. A COPY OF THE FINAL REPORT FOR THE INSPECTION WAS ENCLOSED. ON FEB 3, 2017, RESPONDENT PROVIDED A RESPONSE TO EPA'S INFO REQUEST, ENCLOSING PICTURES AND A STATEMENT THAT THE SEWER LINES HAD BEEN DISCONNECTED FROM THE BUILDING AND PROCESS WASTEWATERS WERE BEING DISPOSED OF OFF-SITE, THE SEWER CLEAN-OUT HAD BEEN PLUGGED, AND A THREADED CAP EMPLACED SINCE THE EPA INSPECTION. THE INFO REQUEST RESPONSE ALSO EVIDENCED THAT RESPONDENT DISCHARGED UNPERMITTED CATEGORICAL WASTEWATER TO THE POTW FOR APPROX 26 YEARS (BETWEEN JULY 13, 1991 AND DEC 15, 2016), AND HAD NOT SELF-MONITORED OR REPORTED THE TOTAL PROCESS WASTEWATER DISCHARGE AS REQUIRED. ON APR 13, 2017, A SHOW CAUSE MEETING WAS HELD BETWEEN EPA AND RESPONDENT TO DISCUSS QUESTIONS RESULTING FROM EPA'S REVIEW OF THE INFO REQUEST RESPONSE. ON JULY 11, 2017, EPA AND RESPONDENT CONFERENCED AGAIN ABOUT THE PRIOR DISCHARGES, WHICH INCLUDED FURTHER INQUIRY INTO ANY RECORD RESPONDENT MAY HAVE HAD OF PAST COMMUNICATIONS WITH THE AUTHORIZED PRETREATMENT CONTROL AUTHORITY, THE DIRECTOR OF GAEPD. RESPONDENT STATED THAT THE ONLY WRITTEN COMMUNICATIONS WITH A GOVERNMENTAL AUTHORITY REGARDING THE DISCHARGE OF PROCESS WASTEWATER WERE WITH THE CITY AND PERTAINED TO REQUESTS TO ALLOW INCREASED DISCHARGE RATES FROM THE FACILITY. THOSE COMMUNICATIONS HAD NOT BEEN SHARED WITH, OR MADE TO, THE DIRECTOR OF GAEPD. RESPONDENT ALSO STATED THAT IT PLANNED TO CONTINUE DISPOSING ITS REGULATED PROCESS WASTEWATERS OFFSITE. BASED ON OBSERVATIONS MADE DURING THE INSPECTION AND ITS SUBSEQUENT REVIEW OF INFO OBTAINED FROM RESPONDENT, EPA IDENTIFIED THE FOLLOWING VIOLATIONS OF PRETREATMENT STANDARDS AND REQUIREMENTS AS DEFINED BY 40 CFR 403.3(l) AND (t): A. SIGNIFICANT INDUSTRIAL USER DISCHARGE W/OUT A PERMIT; B. NEW SOURCE FAILURE TO INSTALL AND OPERATE PRETREATMENT EQUIPMENT PRIOR TO DISCHARGE; C. FAILURE TO SUBMIT A BASELINE MONITORING REPORT; D. FAILURE TO SUBMIT 90-DAY REPORT; E. FAILURE TO SUBMIT PERIODIC REPORTS ON CONTINUED COMPLIANCE WITH CATEGORICAL STANDARDS.

Defendants (1)

• HABERSHAM METAL PRODUCTS COMPANYNamed in complaintNamed in settlement

Facilities (1)

• HABERSHAM METAL PRODUCTS COMPANY

  264 STAPLETON ROAD, CORNELIA, GA, 30531

  Registry ID: 110000358354

Statutes cited

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

Enforcement conclusions (1)

• HABERSHAM METAL PRODUCTS COMPANYentered 2019-09-24

  Primary law: CWA

  Federal penalty: $10,000

Timeline (3 milestones)

• 2019-09-24Complaint Filed/Proposed Order
• 2019-09-24Final Order Issued
• 2019-09-24Enforcement Action Data Entered