EPA v. CORMETECH, INC., CHARLOTTE NORTH CAROLINA

Case summary

SEPTEMBER 26, 2024 - CONSENT AGREEMENT In August, October, and November 2019, the POTW exceeded its daily maximum and monthly average effluent limits for multiple pollutants including arsenic and ammonia. Such exceedances indicate that discharges from the Facility caused and/or contributed to cumulative in- plant toxicities impacting biological treatment. On October 22, 2019, the POTW reported to NCDEQ its suspected reasons for the exceedances of the arsenic limits in the NPDES Permit during August 2019. The POTW reported that the food-to-mass ratio in the treatment system since August 2019 had decreased significantly, that midge flies have become an issue at the WWTP {blooms of these flies appear at WWTPs operating outside of steady state), and that Cormetech was discharging arsenic higher than normal. On December 20, 2019, the Control Authority and Respondent entered into a consent order for significant non-compliance by the Facility, as defined at 40 C.F.R. ?{f){2){viii), including general exceedances of the arsenic pretreatment standards in the SIU permit between 2016 and 2017. The consent order did not cite Respondent for causing pass-through or interference. On June 1, 2015, the Control Authority's NPDES Permit was renewed by NCDEQ. Daily maximum and monthly average effluent limits for thallium were added to the NPDES Permit due to high thallium concentrations being detected in the POTW effluent. Throughout 2016, self-monitoring by the Facility and monitoring of other SIUs by the POTW confirmed the Facility as its primary source of thallium. In March, April, May, and June 2016, the POTW exceeded the NPDES Permit daily maximum and monthly average effluent limits for thallium. On July 18, 2016, the Control Authority entered a special {agreed) order on consent with NCDEQ. In the order, the POTW stipulated it was unable to consistently comply with effluent thallium limitations as set forth in NPDES Permit NC0020737 due to the indirect discharge of thallium by a permitted significant industrial user. The Control Authority agreed to comply with its NPDES Permit condition requiring implementation of its authorized pretreatment program, and to control Respondent's thallium discharge by August 31, 2018. The order also temporarily elevated the POTW's NPDES Permit limits for thallium discharged into Buffalo Creek. NCDEQ subsequently extended the agreed order's deadline to May 31, 2020. In 2017, self-monitoring by the Facility detected exceedances of the thallium daily maximum pretreatment standard in the SIU permit on January 25, February 1, and February 8. In August, September, and October 2017, the POTW exceeded the NPDES Permit daily maximum and monthly average effluent limits for thallium to Buffalo Creek. Between 2015 and 2018, the Facility changed treatment technologies to reduce thallium concentrations. In 2019 and 2020 the Facility accepted reductions in its maximum permitted discharge volume to further reduce the quantity of thallium and other pollutants discharged. In addition, Respondent met with both the Control Authority and NCDEQ, resulting in an upward modification of the thallium effluent limitation allowed in the POTW effluent by the Control Authority's NPDES permit. On December 20, 2019, the Control Authority and Respondent entered a consent order for significant non-compliance by the Facility, as defined at 40 C.F.R. ? 403.8{f){2){viii). Pursuant to Section 309{g){2){B) and {3) of the CWA, 33 U.S.C. ? 1319{g){2){B) and {3), and 40 C.F.R. Part 19, and considering the nature of the violations and other relevant factors, the EPA has determined that $322,424 is an appropriate civil penalty to settle this action.

Defendants (1)

• CORMETECH, INC., CHARLOTTE NORTH CAROLINANamed in complaintNamed in settlement

Facilities (1)

• NALLEY

  OAKLAND ROAD, GAY, GA, 30218

  Registry ID: 110071091466

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• CORMETECH, INC., CHARLOTTE NORTH CAROLINAentered 2024-09-26

  Primary law: CWA

  Federal penalty: $322,424

Timeline (3 milestones)

• 2024-09-26Final Order Issued
• 2024-09-26Complaint Filed/Proposed Order
• 2024-09-30Enforcement Action Data Entered