EPA v. A&D WATER SERVICES, INC.(HIGH VISTA FALL, HUNTER'S GLEN, MTN VALLEY, SHERWOOD FORREST, BUFFALO MEAD)

Case summary

MARCH 9, 2022 - ADMINISTRATIVEORDER ON CONSENT: The EPA issued a Notice of Violation (NOV) to Respondent on August 11, 2021. On September 8, 2021, Respondent met with the EPA to discuss the violations cited in the NOV and Respondent did not dispute the findings. - Based on the fmdings in the NOV, review of additional information provided by DEQ, and discussions between Respondent and the EPA, the EPA determined the following: (a) For its High Vista Falls WWTP, Respondent exceeded the effluent limitations set forth in Permit Condition 1.A(I) of the High Vista Falls WWTP Permit, as self-reported in its monthly Discharge Monitoring Reports (DMRs). Specifically, Respondent reported 178 exceedances of the effluent limits for total suspended solids, biochemical oxygen demand (BODs), fecal colifonn, ammonia nitrogen, flow, and total residual chlorine for over the past five years. Therefore, Respondent violated the effluent limitations set forth in its High Vista Falls WWTP Permit. (b) For all five of its WWTPs, Respondent failed to electronically submit its monthly DMRs as required by Part LA.(3).1 of the Mountain Valley WWTP Permit and Part I.A.(2).1. of the four other Pennits. Specifically, Respondent failed to submit any DMRs for the Buffalo Meadows WWTP since August 2019 and submitted paper DMRs to DEQ staff for tbe other four WWTPs from January 2017 to the present rather than electronically submitting them through DEQ's Electronic Discharge Monitoring Report (eDMR) internet application as required by the Permits. Therefore, Respondent violated the DMR electronic reporting requirements set forth in each of its five Pem1its. Based on the above, the EPA finds that Respondent violated Section 30l(a) of the CWA, 33 U.S.C. ? 1311(a), and its Permits issued pursuant to Section 402 of the CWA, 33 U.S.C. ? I 342.

Defendants (1)

• A&D WATER SERVICES, INC.Named in settlement

Facilities (5)

• SHERWOOD FOREST WWTP

  8365 GREENVILLE HWY, BREVARD, NC, 28712

  Registry ID: 110071710850

• HIGH VISTA FALLS WWTP

  CREASMAN HILL RD, MILLS RIVER, NC, 28759

  Registry ID: 110045961517

• BUFFALO MEADOWS WWTP

  NCSR 1131, WEST JEFFERSON, NC, 28694

  Registry ID: 110009719741

• HUNTER'S GLEN WWTP

  US HWY 64, ETOWAH, NC, 28729

  Registry ID: 110009720329

• MOUNTAIN VALLEY WWTP

  2276 CUMMING RD, LAUREL PARK, NC, 28739

  Registry ID: 110071711096

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• A&D WATER SERVICES, INC.entered 2022-03-09

  Primary law: CWA

Timeline (2 milestones)

• 2022-03-09Final Order Issued
• 2022-03-28Enforcement Action Data Entered