STORMWATER VIOLATION: $145,000 in Fines

A manufacturing facility in Fairbury, NE was recently cited and fined $145,000 for alleged violations of EPA’s Clean Water Act (CWA) according to a press release from EPA Region 7 . In order to be compliant with CWA and the National Pollutant Discharge Elimination System (NPDES) , facilities are required to have a permit outlining procedures for wastewater handling to minimize and prevent water pollution. In the Fairbury facility case, the following violations were cited:

Excessive levels of discharged pollutants, including copper, lead, nickel, zinc and 
cadmium

Failure to use approved sampling and analysis methods

Failure to update the company stormwater pollution prevention plan

Continued discharges from their facility that were unassociated with wet weather events

These violations could have been avoided with proper planning and tools to effectively manage water pollution in the face of any weather condition.

What is the Clean Water Act (CWA) and the National Pollutant Discharge Elimination System (NPDES)?

Created in 1972, the NPDES permit program was created for the purpose of regulating water pollution, starting with any point-of-source that discharges pollutants into U.S. waterways. There are two levels of control within the permit: technology-based limits and water quality-based limits (with water-quality based on the effectiveness of technology-based limits.) Currently, there are 46 states and one territory with authorization to implement the NPDES program. NPDES enforcement is authorized by the EPA to the various states, tribal and territorial governments, allowing them to perform their own permitting, administration and enforcement. A NPDES permit is a license designating the quantity of pollutants a facility can legally discharge into specific waterways under certain restrictions. There are two main permits:

• 1.An Individual permit is tailored to suit a specific facility. It is up to the facility to submit the proper forms and applications to the permitting authority and, based upon the information received, a permit will be issued to best facilitate water pollution regulations. An individual permit should not exceed 5 years with the requirement the facility will reapply prior to the expiration date. In the case of acquiring a permit, it is up to the operator of the facility in question to submit a NPDES Permit Application to the permitting authority.
• 2.A general permit , which is the most common, covers a group of similar dischargers within a certain geographical area. This is the most cost-effective approach because a large number of facilities can be covered under a single permit. Generally, a Notice of Intent (NOI) is required to be considered for inclusion within the general permit. However, some facilities are automatically covered by a general permit without the need to submit a NOI by simply being in a certain geographical area.

EPA has step by step instructions on the permitting process for facilities. In most cases, it is useful to contact the local government about what kind of permit is in place for your geographical area. California State Water Resources Board provides information for California residents about where to discharge and acquire a NPDES permit (which in California is also referred to as a waste discharge requirement (WDR)).

In the alleged case of the Fairbury facility, the regulations laid out in the permit were disregarded by the facility and thus resulted in a citation and contamination of local waterways. Maintaining compliance with EPA and the CWA is an important part in a healthy work environment.

CP Lab Safety offers many solutions to help maintain compliance during harsh weather conditions when run-off and polluted stormwater become an issue. Stormwater Management plans can be optimized through the use of curb guards, basin and drain guards, dewatering bags, storm drain catch basins, oil absorbents and skimmers, all available at www.cplabsafety.com. Meeting stormwater regulations is more efficient with the proper equipment and preparation.

Sources:
https://www.epa.gov/npdes/about-npdes
https://www.epa.gov/ne/loveland-products-inc-fairbury-ne-clean-water-act-public-notice