Document MG5VBvXjQNa4OXgob7zjak4Nk

,,,;o sr~'<;. ."''~'- . fP - - 'U ~ ~ ~ ~ ""f ~ ~ ~1-' "'~ F-41. PROi~C. . UNITEDSTATESENVIRONMENTALPROTECTION REGION6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TEXAS 75202~2733 APR 2 ~ 2018 AGENCY CERTIFIED MAIL-RETURN RECEIPT REQUESTED: 7005 1820 0003 7458 2123 Mr. Craig Gautreaux Lafayette Consolidated Government P.O. Box 4017-C Lafayette, LA 70502 Re: Administrative Order; Docket Number: CWA-06"2018-1783 NPDES Permit Numbers: LA0042561, LA0036382, LA0036391, LA0036374 Dear Mr. Gautreaux: Enclosed is an Administrative Order (AO) issued to Lafayette Consolidated Government for violation of the Clean Water Act (CWA) (33 U.S.C. 1251-1387). The violations were identified during a review of the investigation report submitted to the Environmental Protection Agency (EPA) Region 6. The investigation was conducted by EPA's National Enforcement Investigations Center (NEIC), with assistance fi"om EPA Region 6. The violations alleged are for unpermitted discharges and improperly reporting discharges, as well as failure to properly operate and maintain the wastewater collection system and appurtenances. This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The AO contains several attainment deadlines. The EPA is committed to ensuring compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) program and my staff will assist you in any way possible. Please reference AO Docket Number CWA-06-2018-1783 on your response. If you have any questions, please contact Ms. Rachel Matthews, of my staff, at (214) 665-8589. Sincerely, Enclosure Cheryl T. Seager Director Compliance Assurance and Enforcement Division UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 1445 Ross Avenue, Suite 1200, Dallas, TX 75202 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2018-1783 Facility Numbers: LA0042561, LA0036382, LA0036391, LA0036374 STATUTORY AUTHORITY The following fmdings are made, and Order issued, under the authority vested in the Administrator of the United States Enviromnental Protection Agency ("EPA") by Section 309(a) of the Clean Water Act ("the Act''), 33 U.S.C. 13!9(a). The Administrator of EPA delegated the authority to issue this Order to the Regional Administrator of EPA Region 6, who delegated this authority to the Director of the Compliance Assurance and Enforcement Division. FINDINGS 1. Lafayette Consolidated Government ("Respondent") is a city-parish unified jurisdiction (municipality) created by or pursuant to State law and having jurisdiction over the disposal of sewage, industrial wastes, or other wastes, which is a "municipality" as that term is defined at Section 502(4) of the Act, and as such, is it "person," as that term is defined at Section 502(5) of the Act, 33 U.S.C. 1362(5), and 40 C.P.R. 122.2. 2. At all times relevant to this Order ("all relevant times"), Respondent owned. or operated fom (4) wastewater treatment plants, as well as their associated collection systems and appurtenances located in and serving the Lafayette Consolidated Government wastewater treatment plants ("facilities"), and was, therefore, an "owner or operator" within the meaning of 40 C.P.R. 122.2. 3. The wastewater treatment plants are identified as the South Wastewater Treatment Plant, located at 231 West Bayou Parkway, Lafayette; the Ambassador Caffmy Wastewater Treatment Plant, located at 4112 Ambassador Caffery Parkway, Lafayette; the East Wastewater Treatment Plant, located at 144 Judy Street, Lafayette; and the Northwest Wastewater Treatment Plant, located at 1201 LaJaunie Road, Lafayette, LA. 4. At all relevant times, the facilities collected and "discharged" "pollutants," as "point sources," (as those terms are defined by Section 502 of the Act and 40 C.P.R. 122.2) with wastewater discharges to the Vennilion River; which is considered a "water of the United States," within the meaning of Section 502 ofthe Act, 33 U.S.C. 1362, and 40 C.F.R. 122.2. 5. Because Respondent owned or operated facilities that acted as point sources of discharges of pollutants to waters of the United States, Respondent and the facilities were subject to the Act and the National Pollutant Discharge Elimination System ("NPDES") program. 6. Under Section 30 I of the Act, 33 U.S.C. 1311, it is unlawful for any person to discharge any pollutant fiom a point source to waters of the United States, except with the authorization of, and in compliance with, an NPDES permit issued pursuant to Section 402 of the Act, 33 U.S.C. 1342. 7. Section 402(a) of the Act, 33 U.S.C. 1342(a), provides that the Administrator of EPA may issue permits under the NPDES program for the discharge of pollutants from point sources to waters of the United States. Any such discharge is subject to the specific te1ms and conditions prescribed in the applicable permit. 8. Section 402 of the Act, 33 U.S.C. 1342, authorizes states to request approval from EPA to administer their own permit programs for discharges into navigable waters within their jurisdiction. Pursuant to this provision, the State of Louisiana requested approval from EPA to administer its own permit program for discharges into navigable waters within Louisiana, and such approval was granted by EPA on August 27, 1996. Therefore, pursuant to the State's permit program, the Louisiana Department of Environmental Quality ("LDEQ") has issued Louisiana Pollutant Discharge Elimination System ("LPDES") permits. Violation of a LPDES permit is a violation of Section 301(a) of the Act, 33 U.S.C. 13ll(a). 9. Respondent applied for and was issued four (4) State of Louisiana LPDES Pe1mits: South Wastewater Treatment Plant (No. LA0036374); the Ambassador Caffery Wastewater Treatment Plant (No. LA0042561); the East Wastewater Treatment Plant (No. LA0036382); and the Northeast Wastewater Treatment Plant (No. LA0036391) ("herein after referred to as "permits") under Section 402 of the Act, 33 U.S.C. 1342, with the most recent effective dates of October 1 and November I, 2014. At all relevant times, Respondent was authorized to discharge pollutants from the four facilities to waters of the United States only in compliance with the specific terms and conditions of the respective permits. 10. Each of the plants has a "Wastewater Collection and Transmission System" ("WCTS") comprised of Force Mains, Gravity Sewer Mains, Lift Stations, manholes, access vaults/structures, flow-regulating devices/structures, etc. used to transmit wastewater to the respective plant for treatment.