EPA v. CITY OF SPENCER, TENNESSEE

Case summary

12-8-20 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. ALLEDGED VIOLATIONS: THE CITY WAS NOT MEASURING THE FLOW FROM THE NPDES PERMITTED OUTFALL AS AN INSTANTANEOUS MEASUREMENT ONCE PER MONTH, WHICH IS REQUIRED BY PERMIT CONDITION 5.1. IN THE CITY'S DISCHARGE MONITORING REPORTS (DMR), THE CITY REPORTED THE VOLUME OF BACKWASH WATER USED, WHICH IS NOT EQUIVALENT TO THE OUTFALL FLOW BECAUSE IT DOESN'T INCLUDE THE SEDIMENTATION BASIN WASHWATER OR THE SPIL DRAINS AND STORMWATER RUNOFF VOLUME WHICH ARE ALSO BEING DISCHARGED TO THE BASIN. THE CITY VIOLATED THE EFFLUENT LIMITATINS SET FORTH IN PERMIT CONDITION 5.1, AS SELF-REPORTED IN ITS MONTHLY DMRS. SPECIFICALLY, THE CITY REPORTED TWELVE VIOLATIONS OF THE PH PERMIT LIMITATION, TEN VIOLATIONS OF TOTAL SUSPENDED SOLIDS PERMIT LIMITATION, FOURTEEN VIOLATIONS OF THE SETTLEABLE SOLDS PERMIT LIMITATION, AND THREE VIOLATIONS OF THE ALUMINUM PERMIT LIMITATION, OVER THE PAST FIVE (5) YEARS. THE CITY WAS NOT PROPERLY OPERATING AND MAINTAINING ALL FACILITIES AND SYSTEMS FOR COLLECTION AND TREATMENT, IN VIOLATION OF PERMIT CONDITION 10.5, PROPER OPERATION AND MAINTENANCE. AS WITNESSED DURING THE CEI, THE CITY DID NOT HAVE STANDARD OPERATING PROCEDURES FOR SOLIDS/SLUDGE MANAGEMENT; DID NOT OWN A SLUDGE JUDGE OR OTHER EQUIPMENT TO MEASURE THE VOLUME OF SLUDGE IN THE BASIN; NOR DID IT HAVE OPERATING PROCEDURES STATING AT WHAT LEVEL THE SOLIDS SHOUDL BE REMOVED. PROPER MANAGEMENT OF SLUDGE/SOLIDS LEVELS IN THE WASTEWATER TREATMENT SYSTEM IS NECESSARY FOR PROPER OPERATION ND TREATMENT WITH THE BASIN. THEREFORE, THE CITY VIOLATED SECTION 301 OF THE CWA BY FAILING TO COMPLY WITH THE PERMIT AND THE CWA.

Defendants (1)

• CITY OF SPENCERNamed in settlement

Facilities (1)

• WARREN COUNTY UD #2 (SPENCER)

  1149 ANDREW K. PARKER ROAD, SPENCER, TN, 38585

  Registry ID: 110017849122

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CITY OF SPENCERentered 2020-12-08

  Primary law: CWA

Timeline (2 milestones)

• 2020-12-08Final Order Issued
• 2020-12-10Enforcement Action Data Entered