Document Edy76GYdxYJY0Nkn0qK43gK0j

REGION 10 SEATTLE, WA 98101 RETURN RECEIPT REQUESTED The Honorable Tom Morphet Mayor Haines Borough 103 Third Avenue South Haines, Alaska 99827 Re: NOTICE OF VIOLATION Haines Borough Wastewater Treatment Plant NPDES Permit Number AK0021385 Dear Mayor Morphet: The U.S. Environmental Protection Agency (EPA) appreciates your time and cooperation during EPA's May 29, 2024, Clean Water Act (CWA) inspection of the Haines Borough Wastewater Treatment Plant ("Facility"). EPA inspected the Facility and reviewed administrative files to assess the Facility's compliance with the requirements of the CWA and the Facility's individual National Pollutant Discharge Elimination System (NPDES) permit ("Permit"). The Facility is permitted to discharge under the Permit # AK0021385, which became effective on November 20, 2001 and has been administratively extended since the expiration date of December 26, 2006. The purpose of this letter is to notify you of violations EPA has identified following the inspection and file review. 1. EPA reviewed Discharge Monitoring Reports (DMRs) from January 1, 2020, through December 31, 2024 and identified six effluent limit exceedances that constitute 156 violations of the CWA, 33 U.S.C. 1251 et seq. A list of these violations is shown below. Month Pollutant Jul 2021 Coliform, fecal Jan 2022 BOD, 5-day, % Rmv May 2023 I BOD, 5-day, % Rmv Jan 2024 BOD, 5-day, % Rmv Jul 2024 BOD, 5-day, 20C Reported Value 9000000 12 18 8 275 Permit Limit 1500000 30 30 30 260 Unit #/100mL % % % mg/L Limit Type Daily Max Mn % Rmv Mn % Rmv Mn % Rmv Mo Avg # Violations 1 31 31 31 31 Month Pollutant Reported Permit Unit Value Limit Oct 2024 BOD, 5-day, % Rmv 0 30 % Limit Type Mn % Rmv # Violations 31 2. Part II.C of the Permit states, in part," Monitoring results shall be summarized each month on the Discharge Monitoring Report (DMR) form. The reports shall be submitted monthly and are to be postmarked by the 10th day of the following month... " Upon review of DMRs accessed through EPA's Integrated Compliance Information System (ICIS) database, EPA found the Facility was late in submitting its DMR for the August 2024 monitoring month. The DMR should have been postmarked by the 10th day of the following month, September; however, the DMR was dated October 21, 2024. Haines Borough is requested to respond, in writing, to the findings stated above within 30 days of receipt of this letter. Your response should include the causes of the violations and the measures taken to address the current violations and prevent future violations. The request for information in this letter is made under the authority of Section 308 of the CWA, 33 U.S.C. 1318. In accordance with the provisions of 40 C.F.R. 2.203(b), you may assert a business confidentiality claim covering part or all the information submitted by clearly identifying it as "confidential." If no such claim accompanies the information when it is received by the EPA, it may be made available to the public without further notice. Please send your response letter via email to: Raymond Andrews Compliance Officer U.S. Environmental Protection Agency andrews.raymond@epa.gov EPA's Small Business Resources Information Sheet provides information on compliance assistance that may be helpful to you. For more information about the CWA regulations and requirements, please visit the EPA's webpage: https://www.epa.gov/enforcement/water-enforcement. Although our goal is to ensure NPDES facilities and projects comply fully with their permits, the ultimate responsibility rests with the permittee. I strongly encourage you to continue your efforts to maintain full knowledge of permit requirements, other appropriate statutes and to respond appropriately to ensure compliance. Notwithstanding your response to this letter, EPA retains all rights to pursue enforcement actions to address these and any other violations. If you have any questions concerning this matter, please do not hesitate to contact Raymond Andrews, of my staff, at Andrews.raymond@epa.gov or (206) 553-4252. 2 cc: Mr. Dennis Durr Operator, Haines Burrough WWTP Sincerely, JEFFERY KENKNIGHT Digitally signed by JEFFERY KENKNIGHT Date: 2025.01.21 14:44:40 -08'00' Jeff KenKnight, Manager Water Enforcement and Field Branch Enforcement and Compliance Assurance Division 3