EPA v. TOWN OF PINEWOOD

Case summary

20210517 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. ALLEDGED VIOLATIONS: On October 15, 2020, the EPA sent a Notice of Potential Violations (NOPV) letter to Pinewood regarding potential violations identified during the Reconnaissance Inspection (RI). The NOPV noted failure to submit discharge monitoring reports (DMRs) within fourteen (14) days following each schedule date, for the past eleven (11) quarters, and effluent limitation violations of the Permit. Specifically, Pinewood violated the effluent limitations for Copper and Ammonia-Nitrogen as indicated in the DMRs. The permitted discharge limitations for Copper are a monthly average of 0.038mg/L and daily maximum of 0.050mg/L. The permitted monthly average discharge limitation for Ammonia-Nitrogen is 8.85mg/L. On November 18, 2020, the EPA and representatives of Pinewood held a conference call to discuss the exceedances of the permit effluent limitations. Specifically, Pinewood confirmed that it exceeded the Copper effluent limitation for August 2018 and August 2019 and the Ammonia-Nitrogen effluent limitation for January 2018, May 2019, and December 2019. Pinewood exceeded! the Copper limitations for daily maximum by 55% for 4th quarter 2018; the monthly average by 689% and the daily maximum by 1028% for 4th quarter 2019. Pinewood also exceeded the Ammonia-Nitrogen limitations for monthly average by 8% for 2nd quarter 2018; monthly average by 8% for 3rd quarter 2019; and the monthly average by 18% for the 1st quarter of 2020. Pinewood has violated the Effluent Limitations and Monitoring Requirements Section of the Permit, issued pursuant to Section 402 of the CWA, 33 U.S.C. ? 1342, by discharging pollutants into Ballard Creek in excess of the limitations allowed in the Permit for Copper and Ammonia-Nitrogen. Based on the above, the EPA finds that Pinewood is in violation of Section 30l(a) of the CWA, 33 U.S.C. Section 1311(a), and the above referenced provisions of the Permit.

Defendants (1)

• TOWN OF PINEWOODNamed in settlement

Facilities (1)

• PINEWOOD TOWN OF WWTP

  GRAVEL ROAD OFF HAMPTON STREET, PINEWOOD, SC, 29125

  Registry ID: 110006672724

Statutes cited

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

Enforcement conclusions (1)

• TOWN OF PINEWOODentered 2021-05-17

  Primary law: CWA

Timeline (2 milestones)

• 2021-05-17Final Order Issued
• 2021-06-15Enforcement Action Data Entered