Document bj8qDv0BLdQ2ykL1qKqyg2Q3

REGION 6 DA LLAS, TX 75270 June 6, 2025 TRANSMITTED VIA E-MAIL Tarun Bhatt, CEO Gladieux Metals Recycling, LLC P.O. Box 2290 Freeport, Texas 77542 tbhatt@aleonmetals.com RE: Administrative Order; Docket Number: CWA-06-2025-1756 TPDES Permit Number: TX0034738 Dear Mr. Bhatt: Enclosed is an Administrative Order (AO) issued to Gladieux Metals Recycling, LLC for violations of the Clean Water Act (CWA), 33 U.S.C. 1251 et seq. Violations were identified during a review of the permit file and discharge monitoring reports submitted for the Gladieux Metals Recycling Wastewater Treatment Facility. The violations alleged are for failure to meet permit effluent requirements. The EPA requests that you immediately confirm receipt of this e-mail and the attached order by a response e-mail to mcelroy.damon@epa.gov. This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is within thirty days of the effective date of the AO. The Environmental Protection Agency 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-06-2025-1756 and TPDES Permit Number TX0034738 on your response. If you have any questions, please contact Mr. Damon McElroy, P.E. of my staff, at (214) 665-7159 or mcelroy.damon@epa.gov. Sincerely, Enclosure(s) Digitally signed by Seager, Cheryl Date: 2025.06.06 11 :08:07 -05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division ec: amy.settemeyer@tceq.texas.gov UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2025-1756; TPDES Permit Number: TX0034738 STATUTORY AUTHORITY The following findings are made, and Order issued, under the authority vested in the Administrator of the United States Environmental Protection Agency (EPA), Section 309(a) of the Clean Water Act (the Act), 33 U.S.C. 1319(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 Enforcement and Compliance Assurance Division. FINDINGS 1. Gladieux Metals Recycling, LLC. (Respondent) is a "person," as that term is defined at Section 502(5) of the Act, 33 U.S.C. 1362(5), and 40 C.F.R. 122.2. 2. At all times relevant to this Order (all relevant times), Respondent owned or operated the Gladieux Metals Recycling Wastewater Treatment Facility (facility) located at 302 Midway Road, approximately 0.5 mile north of the intersection of Midway Road and Dow Canal Road, near the City of Freeport, in Brazoria County, Texas 77541, and was, therefore, an "owner or operator" within the meaning of 40 C.F.R. 122.2. specific terms and conditions prescribed in the applicable permit. 7. 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 Texas requested approval from EPA to administer its own permit program for discharges into navigable waters within Texas, and such approval was granted by EPA on September 14, 1998. Therefore, pursuant to the State's permit program, the Texas Commission on Environmental Quality (TCEQ) issued Texas Pollutant Discharge Elimination System (TPDES) permits. Violation of a TPDES permit is a violation of Section 301(a) of the Act, 33 U.S.C. 1311(a). 8. Respondent applied for and was issued TPDES Permit No. TX0034738 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which was issued on February 3, 2020, expired on February 3, 2025, and administratively continued February 4, 2025. At all relevant times, Respondent was authorized to discharge pollutants from the facility to waters of the United States only in compliance with the specific terms and conditions of the permit. 3. At all relevant times, the facility acted as a "point source" of a "discharge" of "pollutants" with its final wastewater discharge via Outfall 001 to the Dow Chemical Plant "A" Canal, thence to the Brazos River Tidal in Segment No. 1201 of the Brazos River Basin which are "waters of the United States," within the meaning of Section 502 of the Act, 33 U.S.C. 1362, and 40 C.F.R. 122.2. 4. Because Respondent owned or operated a facility that acted as a point source of discharges of pollutants to waters of the United States, Respondent and the facility were subject to the Act and the National Pollutant Discharge Elimination System (NPDES) program. 5. Under Section 301 of the Act, 33 U.S.C. 1311, it is unlawful for any person to discharge any pollutant from 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. 6. 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 9. The permit includes "Monitoring and Reporting Requirements" that require Respondent to sample and test its effluent and monitor its compliance with permit conditions according to specific procedures, in order to determine the facility's compliance or noncompliance with the permit and applicable regulations. The permit also requires Respondent to submit the monitoring results online using the NetDMR reporting system available through the TCEQ website unless the permittee requests and obtains an electronic reporting waiver. Additionally, the permittee shall submit Noncompliance Reports when appropriate. 10. The permit contains "Effluent Limitations and Monitoring Requirements" that place certain limitations on the quality and quantity of effluent discharged by Respondent. The relevant discharge limitations are specified in Attachment A, which is incorporated herein by reference. 11. NetDMRs reported with TCEQ, in compliance with the permit, show discharges of pollutants from the facility that exceed the permitted effluent limitations established in the permit, as specified in Attachment B, which is incorporated herein by reference. Docket No. CWA-06-2025-1756 Page 2 12. Each instance in which Respondent discharged pollutants to waters of the United States in amounts exceeding the effluent limitations contained in the permit was a violation of the permit and Section 301 of the Act, 33 U.S.C. 1311. SECTION 309(a)(3) COMPLIANCE ORDER 13. Based on the foregoing Findings and pursuant to the authority of Section 309(a)(3) of the Act, 33 U.S.C. 1319(a)(3), EPA hereby orders Respondent to take the following action: A. Take such measures as are necessary to comply with all permit conditions, including Effluent Limitations and Monitoring and Reporting Requirements, no later than thirty (30) days from the effective date of the Order. B. Within thirty (30) days of the effective date of this Order, Respondent shall submit a list of the specific actions taken to correct the permit effluent exceedances. C. Within thirty (30) days of the effective date of this Order, Respondent shall provide written certification to EPA Region 6 that the violations cited herein have been corrected and the facility is compliant with the requirements of the permit. D. In the event the Respondent believes complete correction of the violations cited herein is not possible within thirty (30) days of the effective date of this Order, Respondent shall, within thirty (30) days of the effective date of this Order, submit a comprehensive written plan for the elimination of the cited violations within the shortest possible time. Such plan shall describe in detail the specific corrective actions to be taken and why such actions are sufficient to correct the violations. The plan shall include a detailed schedule for the elimination of the violations within the shortest possible time, as well as measures to prevent these or similar violations from recurring. GENERAL PROVISIONS Respondent may seek federal judicial review of the Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C. 701-706. Issuance of this Section 309(a)(3) Compliance Order shall not be deemed an election by EPA to waive any administrative, judicial, civil, or criminal action to seek penalties, fines, or other relief under the Act for the violations cited herein, or other violations that become known to EPA. EPA reserves the right to seek any remedy available under the law that it deems appropriate. Failure to comply with this Section 309(a)(3) Compliance Order or the Act may result in further administrative action, or a civil judicial action initiated by the United States Department of Justice. For purposes of the identification requirement in Section 162(f)(2)(A)(ii) of the Internal Revenue Code, 26 U.S.C. 162(f)(2)(A)(ii), and 26 C.F.R. 1.162-21(b)(2), performance of Paragraph 13 is restitution, remediation, or required to come into compliance with the law. This Order does not constitute a waiver or modification of the terms or conditions of Respondents NPDES permit, which remain in full force and effect. Compliance with the terms and conditions of this Order does not relieve Respondent of its obligation to comply with any applicable federal, state, or local law or regulation. The effective date of this Order is the date it is received by Respondent. June 6, 2025 Date E. Any information or correspondence submitted by Respondent to EPA under this Order shall be submitted, via email, to the following: Mr. Damon McElroy, P.E. mcelroy.damon@epa.gov Digitally signed by Seager, Cheryl Date: 2025.06.06 11 :07:24 --05 '00 ' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Attachment A Gladieux Metals Recycling, LLC. WWTF TPDES Permit ID No. TX0034738 Effluent Characteristic Outfall: 001 Total Suspended Solids Carbonaceous BOD Total Organic Carbon Total Lead Total Molybdenum Outfall: 001 Total Chlorine Residual Discharge Limitations Daily Avg. 45.4 lb/day 58 lb/day 55.6 lb/day 0.303 lb/day 81.1 lb/day Monthly Minimum 1 mg/L Daily Max. 95.5 lb/day 117 lb/day 111 lb/day 0.602 lb/day 181.3 lb/day Monthly Maximum 4 mg/L Attachment B Gladieux Metals Recycling, LLC. WWTF TPDES Permit ID No. TX0034738 Monitoring Period Parameter 04/30/2024 05/31/2024 05/31/2024 05/31/2024 07/31/2024 07/31/2024 07/31/2024 07/31/2024 07/31/2024 07/31/2024 07/31/2024 07/31/2024 09/30/2024 09/30/2024 10/31/2024 10/31/2024 11/30/2024 11/30/2024 02/28/2025 03/31/2025 03/31/2025 03/31/2025 03/31/2025 03/31/2025 Total Suspended Solids Total Chlorine Residual Total Suspended Solids Total Suspended Solids Carbonaceous BOD Carbonaceous BOD Total Organic Carbon Lead, total [as Pb] Total Molybdenum Total Molybdenum Total Suspended Solids Total Suspended Solids Total Suspended Solids Total Suspended Solids Total Suspended Solids Total Suspended Solids Total Suspended Solids Total Suspended Solids Total Suspended Solids Total Chlorine Residual Total Chlorine Residual Total Molybdenum Total Molybdenum Total Suspended Solids Monitoring Units Permit DMR Limit Value DAILY MX MO MIN DAILY AV DAILY MX DAILY AV DAILY MX DAILY AV DAILY AV DAILY AV DAILY MX DAILY AV DAILY MX DAILY AV DAILY MX DAILY AV DAILY MX DAILY AV DAILY MX DAILY AV MO MAX MO MIN DAILY AV DAILY MX DAILY AV lb/d mg/L lb/d lb/d lb/d lb/d lb/d lb/d lb/d lb/d lb/d lb/d lb/d lb/d lb/d lb/d lb/d lb/d lb/d mg/L mg/L lb/d lb/d lb/d 95.5 1 45.4 95.5 58 117 55.6 0.303 81.1 181.3 45.4 95.5 45.4 95.5 45.4 95.5 45.4 95.5 45.4 4 1 81.1 181.3 45.4 102 0.8 78 119 101.56 160 66.8 1.03 183 288.3 80 126 59 135 96 198 68 117 56 12.2 0.4 126.44 194.18 59