EPA v. SOUTH FORT COLLINS SAN DIST

Case summary

The Pretreatment Regulations apply to publicly owned treatment works (POTWs) and to industrial users discharging pollutants to POTWs from non-domestic sources. The Pretreatment Regulations prohibit any discharge to a POTW that causes a violation of the POTW?s NPDES permit or disrupts the POTW?s treatment process. With limited exceptions, POTWs that receive industrial waste are required to develop Pretreatment programs. These programs must include mechanisms to ensure that industrial users comply with Pretreatment standards and requirements, which include enforcement if necessary. The South Fort Collins Sanitation District?s POTW has an approved Pretreatment program and is considered a control authority with regard to the Pretreatment Regulations in their service area. The EPA inspectors conducted a Pretreatment audit at the South Fort Collins POTW on April 15-17, 2019. Violations observed included a failure by the District to update its Pretreatment Rules and Regulations and local limits, failure to implement its procedure for identifying and locating industrial users (IUs) discharging pollutants to the District?s publicly owned treatment works, failure to include all required elements in significant industrial user (SIU) permits, failure to evaluate the need for SIUs to develop slug control plans, and failure to ensure that IUs complied with reporting requirements. On April 24, 2020 the South Fort Collins Sanitation District and the EPA entered into an Administrative Order on Consent (AOC). In the AOC, the District agreed to: ? Comply with all requirements of its NPDES permit and 40 C.F.R. part 403. ? Properly implement its Pretreatment Program. ? Submit to the EPA procedures for record keeping, analyzing reports from SIUs and to identify and characterize industrial users subject to the Pretreatment program. ? Issue a control mechanism to Peak Engineering. ? Submit to the EPA an updated Rules and Regulations. ? Submit to the EPA an updated permit template that is consistent with its Rules and Regulations. ? Conduct an inspection of IUs identified by the EPA as potential significant during the Pretreatment audit. ? Notify IUs contributing pollutants to the District?s POTW of all applicable Pretreatment Standards, applicable requirements of the Clean Water Act, and subtitles C and D of the Resource Conservation and Recovery Act. ? Submit to the EPA an updated IU inventory. ? Submit to the EPA an updated set of local limits. ? Reissue all SIU permits using the SIU permit template.

Defendants (1)

• South Fort Collins Sanitation DistrictNamed in complaintNamed in settlement

Facilities (2)

• SOUTH FORT COLLINS SAN DIST

  2560 E CR 32, FORT COLLINS, CO, 80528

  Registry ID: 110013742441

• SOUTH FORT COLLINS SAN DIST

  2560 E CR 32, FORT COLLINS, CO, 80528

  Registry ID: 110013742441

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• SOUTH FORT COLLINS SAN DISTentered 2020-04-24

  Primary law: CWA

Timeline (4 milestones)

• 2020-04-24Final Order Issued
• 2020-05-20Enforcement Action Data Entered
• 2022-06-01NPDES Closed
• 2022-06-01Enforcement Action Closed