Document NB0qnerkv5Owp4xnY9DzJow8
Sent via email & certified Mail (dated as indicated on electronic signature)
ORDER FOR COMPLIANCE
Charles Easter FOUR-IN-ONE CO., INC 12 ALPHA ROAD CHELMSFORD, MA 01824
RE:
In the Matter of FOUR-IN-ONE CO., INC. MAG250954
Order for Compliance under Section 309 of the Clean Water Act (33 U.S.C. 1319),
Docket No. CWA-AO-R01-FY25-36
Dear Permittee Contact:
This Order results from the failure of FOUR-IN-ONE CO., INC., NPDES ID MAG250954, to meet its reporting obligations under its NPDES permit. Your permit was authorized under the Noncontact Cooling Water 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 FOUR-IN-ONE CO., INC., located at 12 Alpha Road Chelmsford, MA 01824, 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 permit-authorized discharges are meeting permit requirements established to ensure water quality in receiving waters is not unduly impacted by pollutants. Specifically, FOUR-IN-ONE CO., INC. has failed to submit the following DMRs:
Permit Name FOUR-IN-ONE CO., INC. FOUR-IN-ONE CO., INC. FOUR-IN-ONE CO., INC. FOUR-IN-ONE CO., INC. FOUR-IN-ONE CO., INC. FOUR-IN-ONE CO., INC. FOUR-IN-ONE CO., INC. FOUR-IN-ONE CO., INC. FOUR-IN-ONE CO., INC. FOUR-IN-ONE CO., INC. FOUR-IN-ONE CO., INC.
NPDES ID MAG250954 MAG250954 MAG250954 MAG250954 MAG250954 MAG250954 MAG250954 MAG250954 MAG250954 MAG250954 MAG250954
Monitoring Period End
Date
11/30/2023 12/31/2023 01/31/2024 02/29/2024 03/31/2024 04/30/2024 05/31/2024 06/30/2024 07/31/2024 08/31/2024 09/30/2024
Monitoring Period Start
Date
11/1/23 12/1/23 1/1/24 2/1/24 3/1/24 4/1/24 5/1/24 6/1/24 7/1/24 8/1/24 9/1/24
Perm Feature ID 001 001 001 001 001 001 001 001 001 001 001
Limit Set Designator A A A A A A A A A A A
FOUR-IN-ONE CO., INC. FOUR-IN-ONE CO., INC. FOUR-IN-ONE CO., INC. FOUR-IN-ONE CO., INC. FOUR-IN-ONE CO., INC.
MAG250954
10/31/2024
10/1/24
001
A
MAG250954
11/30/2024
11/1/24
001
A
MAG250954
12/31/2024
12/1/24
001
A
MAG250954
01/31/2025
1/1/25
001
A
MAG250954
02/28/2025
2/1/25
001
A
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
FOUR-IN-ONE CO., INC. 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, FOUR-IN-ONE CO., INC. 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. FOUR-IN-ONE CO., INC. 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. FOUR-IN-ONE CO., INC. 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: 2025.03.19 14:47:33 -04'00'
James Chow, Director Enforcement and Compliance Assurance Division
Electronic copy/copies Mary Dever-Putnam, EPA Joshua Secunda, EPA Jeff Kopf, EPA Newton Tedder, EPA David Boyer, MassDEP
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