Document EvRO1OVy4y8r45VnaaxJnJn7L

Sent via email & certified Mail (dated as indicated on electronic signature) ORDER FOR COMPLIANCE David Casiles Falmouth East Corp. NPDES Permit Number: MAR053333 89 Falmouth Heights Rd Falmouth, MA 02540 RE: In the Matter of the Falmouth East Corp. MAR053333 Order for Compliance under Section 309 of the Clean Water Act (33 U.S.C. 1319), Docket No. CWA-AO-R01-FY25-27 Dear Permittee Contact: This Order results from the failure of the Falmouth East Corp. NPDES ID MAR053333 to meet its reporting obligations under its NPDES permit. Your permit was authorized under the MultiSector General Permit. Facilities subject to the monitoring requirements are required to submit their sampling results to EPA electronically using EPA's NetDMR system no later than 30 days after receiving their complete laboratory results. Facilities which do not have a discharge or who are unable to obtain a sample during the monitoring period must similarly use NetDMR to submit their Discharge Monitoring Reports (''DMRs'') with the appropriate ''no data indicator'' or ''NODI'' code to EPA no later than 30 days after the end of the monitoring reporting period. Your facility, known as the Falmouth East Corp., located at 89 Falmouth Heights Rd., Falmouth MA 02540, has not submitted all DMRs that were due under the permit. The failure to submit DMRs as required by your NPDES permit prevents EPA and the public from knowing if permitauthorized discharges are meeting permit requirements established to ensure water quality in receiving waters is not unduly impacted by pollutants. Specifically, the Falmouth East Corp. has failed to submit the following DMRs: Permit Name Falmouth East Corp. Falmouth East Corp. Falmouth East Corp. Falmouth East Corp. Falmouth East Corp. Falmouth East Corp. Falmouth East Corp. Falmouth East Corp. NPDES ID MAR053333 MAR053333 MAR053333 MAR053333 MAR053333 MAR053333 MAR053333 MAR053333 Monitoring Period End Date 06/30/2023 06/30/2023 09/30/2023 09/30/2023 12/31/2023 12/31/2023 03/31/2024 03/31/2024 Monitoring Period Start Date 4/1/23 4/1/23 7/1/23 7/1/23 10/1/23 10/1/23 1/1/24 1/1/24 Perm Feature ID 003 003 003 003 003 003 003 003 Limit Set Designator Q1 R1 Q1 R1 Q1 R1 Q1 R1 Falmouth East Corp. Falmouth East Corp. Falmouth East Corp. Falmouth East Corp. Falmouth East Corp. Falmouth East Corp. MAR053333 06/30/2024 4/1/24 003 Q1 MAR053333 06/30/2024 4/1/24 003 R1 MAR053333 09/30/2024 7/1/24 003 Q1 MAR053333 09/30/2024 7/1/24 003 R1 MAR053333 12/31/2024 10/1/24 003 Q1 MAR053333 12/31/2024 10/1/24 003 R1 Under Section 309(a)(3) of the Clean Water Act (''Act'') the Administrator of the U.S. Environmental Protection Agency (''EPA''), has the authority to issue orders requiring persons to comply with Sections 301 and 308 of the Act and any permit condition or limitation implementing any NPDES permit. This authority has been delegated to the Director of the Enforcement and Compliance Assurance Division, EPA Region 1. Pursuant to Section 309(a)(5)(A) of the Act, 33 U.S.C. 1319(a)(5)(A), the Order below provides a schedule for compliance determined to be reasonable. ORDER The Falmouth East Corp. is hereby ordered, pursuant to Section 309(a)(3) of the Act, 33 U.S.C. 1319(a), to submit all missing DMRs, as required by the MSGP, as follows: 1. Within fourteen (14) days of receipt of this Order, the Falmouth East Corp. must complete and submit all overdue DMRs since the date the facility was authorized/obtained coverage. DMRs must be submitted to EPA using NetDMR for all relevant monitoring periods for which the facility was covered. NetDMR must also be used to report any failure to monitor during the regular reporting period using one of the available ''no data indicator'' codes (see Attachment). 2. The Falmouth East Corp. shall send an email to NetDMR_R1@epa.gov and to dever.mary@epa.gov, to notify EPA when all the missing monitoring results have been submitted. 3. The Falmouth East Corp. shall continue to complete and submit all DMRs by their required due dates under their permit. This Order does not constitute a waiver or a modification of the terms and conditions of the permit. The permit remains in full force and effect. EPA reserves the right to seek any remedies available under Section 309 of the Act, 33 U.S.C. 1319 for any violation cited in this Order. The Facility may seek federal judicial review of the Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C. 701-706. This Order shall become effective upon receipt by the Facility. You may contact NetDMR_R1@epa.gov if you need help establishing an account in NetDMR or with submitting monitoring results through NetDMR. If you have any questions regarding this Order, please contact Mary Dever-Putnam of my staff at 617-918-1717, or your attorney may contact Joshua Secunda, Senior Enforcement Counsel, at 617-918-1736. 2 Sincerely, JAMES CHOW Digitally signed by JAMES CHOW Date: 2025.02.10 16:32:55 -05'00' James Chow, Director Enforcement and Compliance Assurance Division Electronic copy/copies Mary Dever-Putnam, EPA Joshua Secunda. EPA Jeff Kopf, EPA Alex Rosenberg, EPA David Boyer, MA DEP Attachment EPA No Data Indicator Codes Enclosures 3 Code 2 3 7 9 A B C E F I N P Q R T W X NO DISCHARGE INDICATOR (NODI) CODES Description Operation Shutdown Special Report Attached No Influent Conditional Monitoring - Not Required This Period General Permit Exemption Below Detection Limit/No Detection No Discharge Analysis Not Conducted/No Sample Insufficient Flow for Sampling Land Applied Not Constructed Lab Error or Invalid Test Not Quantifiable Administratively Resolved Environmental Conditions - Monitoring Not Possible Dry Lysimeter/Well Parameter/Value Not Reported 4