EPA v. METRO UTILITY DEPARTMENT (MOORE COUNTY)

Case summary

10/19/20 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $6,300. RESPONDENT SHALL MAKE PAYMENT WITHIN 30 DAYS. ALLEDGED VIOLATIONS: At the time of the CEI, the Respondent was not measuring the flow from the NPDES permitted outfall, which is required by Permit Condition 6.1 to be measured as an instantaneous measurement once per month. The Respondent was not following the sampling methods and procedures set forth in 40 CFR Part 136. Specifically, the total residual chlorine and pH samples are required to be analyzed within 15 minutes of being collected. The Respondent's failure to follow the sampling procedures set forth in 40 CFR Part 136 is a violation of Permit Condition 7.2.2: Test Procedures. At the time of the CEI, the Respondent was not keeping complete records for sampling. Specifically, the time of the sample was not being recorded, and a chain of custody for the sample was not being maintained. This is a violation of Permit Condition 7.3: Recording of Results. The Respondent violated the effluent limitations set forth in Permit Condition 5.1, as self? reported by the Respondent in its monthly Discharge Monitoring Reports. Specifically, the respondent reported one (1) violation of the pH permit limitation and 37 violations of the total residual chlorine (TRC) permit limitations over the past five (5) years.

Defendants (1)

• METRO UTILITY DEPARTMENTNamed in complaintNamed in settlement

Facilities (1)

• METRO MOORE COUNTY UTILITY DEPARTMENT

  1216 LYNCHBURG HWY, LYNCHBURG, TN, 37352

  Registry ID: 110009787301

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• METRO UTILITY DEPARTMENT (MOORE COUNTY)entered 2020-10-19

  Primary law: CWA

  Federal penalty: $6,300

Timeline (5 milestones)

• 2020-10-19Complaint Filed/Proposed Order
• 2020-10-19Final Order Issued
• 2020-10-22Enforcement Action Data Entered
• 2020-11-24Enforcement Action Closed
• 2020-11-24NPDES Closed