Document pp8QL7m567np1M0w8nK9GGo6X
REGION 10 SEATTLE, WA 98101
RETURN RECEIPT REQUESTED
The Honorable John Hermann Mayor City of Genesee P.O. Box 38 Genesee, Idaho 83832
Re: NOTICE OF VIOLATION City of Genesee Wastewater Treatment Plant NPDES Permit Number ID0020125
Dear Mayor Hermann:
The U.S. Environmental Protection Agency (EPA) appreciates your time and cooperation during EPA's March 20, 2023 Clean Water Act (CWA) inspection of the City of Genesee 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 National Pollutant Discharge Elimination System (NPDES) individual permit ("Permit").
The City of Genesee Wastewater Treatment Plant is permitted to discharge under the Permit ID0020125, which became effective on July 1, 2017, and has been administratively extended since the expiration date of June 30, 2022.
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 September 2019 through August 2024 and identified 78 effluent limit exceedances that constitute 1,987 violations of the CWA, 33 U.S.C. 1251 et seq. A list of these violations is shown below.
Month
Dec 2019
Dec 2019 Dec 2019 Jan 2020 Jan 2020 Jan 2020 Feb 2020 Feb 2020 Feb 2020 Feb 2020 Feb 2020 Feb 2020 March 2020 March 2020 March 2020 March 2020 March 2020 March 2020 April 2020 April 2020 Nov 2020 Nov 2020 Nov 2020 Nov 2020 Nov 2020 Dec 2020 Jan 2021 Jan 2021 Jan 2021 Jan 2021 Jan 2021 Feb 2021 Feb 2021 March 2021
Pollutant
Biological oxygen demand (BOD), 5-day, 20 deg. C BOD, percent removal
Total suspended solids (TSS) BOD
BOD, percent removal TSS BOD BOD
BOD, percent removal TSS TSS TSS BOD BOD TSS TSS TSS TSS BOD pH BOD
BOD, percent removal TSS TSS TSS BOD BOD
BOD, percent removal TSS TSS TSS BOD TSS BOD
Reported Value
31.5
73. 50. 43.2 77. 54. 31.9 55.9 81. 59. 103.3 103.3 39.2 52.31 98. 98. 130.8 130.8 33.85 9.55 33.7 62. 66. 66. 71.56 35.8 31.8 69.4 62.55 75. 75. 38.5 58.9 43.5
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Permit Limit
30.
85. 45. 30. 85. 45. 30. 38. 85. 45. 56. 81. 30. 38. 45. 65. 56. 81. 30. 9. 30. 85. 45. 65. 56. 30. 30. 85. 56. 45. 65. 30. 45. 38.
Unit
mg/L
% mg/L mg/L
% mg/L mg/L lb/d
% mg/L lb/d lb/d mg/L lb/d mg/L mg/L lb/d lb/d mg/L SU mg/L
% mg/L mg/L lb/d mg/L mg/L
% lb/d mg/L mg/L mg/L mg/L lb/d
Limit Type
# Violations
Monthly Avg
31
Monthly Avg Min
31
Monthly Avg
31
Monthly Avg
31
Monthly Avg Min
31
Monthly Avg
31
Monthly Avg
29
Monthly Avg
29
Monthly Avg Min
29
Monthly Avg
29
Monthly Avg
29
Weekly Avg
29
Monthly Avg
30
Monthly Avg
30
Monthly Avg
30
Weekly Avg
7
Monthly Avg
30
Weekly Avg
30
Monthly Avg
30
Instant Max
1
Monthly Avg
30
Monthly Avg Min
30
Monthly Avg
30
Weekly Avg
7
Monthly Avg
30
Monthly Avg
30
Monthly Avg
30
Monthly Avg Min
30
Monthly Avg
30
Monthly Avg
30
Weekly Avg
7
Monthly Avg
30
Monthly Avg
30
Monthly Avg
30
March 2021 March 2021 March 2021 March 2021
Dec 2021 Dec 2021 Jan 2022 Jan 2022 Feb 2022 Feb 2022 March 2022 April 2022 June 2022 June 2022 Nov 2022 Nov 2022 Dec 2022 Dec 2022 Jan 2023 Jan 2023 Feb 2023 April 2023 April 2023 April 2023 April 2023 April 2023 April 2023 Dec 2023 Dec 2023 Dec 2023 Dec 2023 Jan 2024 Jan 2024 Jan 2024 Jan 2024 Jan 2024
BOD, percent removal pH TSS TSS
Total ammonia (as nitrogen) Ammonia Ammonia Ammonia Ammonia
TSS, percent removal pH
Ammonia Total phosphorus
Phosphorus Ammonia Ammonia Ammonia Ammonia Ammonia Ammonia BOD, percent removal
BOD BOD BOD BOD BOD, percent removal pH BOD BOD TSS TSS BOD BOD, BOD BOD, percent removal TSS
74. 9.19 45.8 68.76 22. 25.69 19.1 20.9 17.93 41.5 9.51 21.1 6.18 6.18 20.7 22.4 21.2 21.7 17.6 26.4 71.2 82.4 82.4 185.5 185.5 72. 9.56 34.5 46. 46.8 62.4 49.5 49.5 53. 77. 68.1
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85.
% Monthly Avg Min
30
9.
SU
Instant Max
1
45.
mg/L Monthly Avg
31
56.
lb/d Monthly Avg
31
15.
mg/L Monthly Avg
31
19.
lb/d Monthly Avg
31
19.
lb/d Monthly Avg
31
15.
mg/L Monthly Avg
31
15.
mg/L Monthly Avg
28
65.
% Monthly Avg Min
28
9.
SU
Instant Max
1
19.
lb/d Monthly Avg
30
2.
lb/d Monthly Avg
30
4.1
lb/d Weekly Average
7
15.
mg/L Monthly Avg
30
19.
lb/d Monthly Avg
30
19.
lb/d Monthly Avg
31
15.
mg/L Monthly Avg
31
15.
mg/L Monthly Avg
31
19.
lb/d Monthly Avg
31
85.
% Monthly Avg Min
28
30.
mg/L Monthly Avg
30
45.
mg/L Weekly Avg
7
38.
lb/d Monthly Avg
30
56.
lb/d
Weekly Avg
7
85.
% Monthly Avg Min
30
9.
SU
Instant Max
1
30.
mg/L Monthly Avg
31
38.
lb/d Monthly Avg
31
45.
mg/L Monthly Avg
31
56.
lb/d Monthly Avg
31
30.
mg/L Monthly Avg
31
45.
mg/L Weekly Avg
7
38.
lb/d Monthly Avg
31
85.
% Monthly Avg Min
31
45.
mg/L Monthly Avg
31
Jan 2024
TSS
Jan 2024
TSS
Feb 2024
TSS
Feb 2024
TSS
68.1
65.
mg/L Weekly Avg
7
73.8
56.
lb/d Monthly Avg
31
60.
45.
mg/L Monthly Avg
29
65.1
56.
lb/d Monthly Avg
29
March 2024
BOD, percent removal
74.
85.
% Monthly Avg Min
31
March 2024
pH
March 2024
TSS
March 2024
TSS
9.58
9.
SU
Instant Max
1
61.1
45.
mg/L Monthly Avg
31
71.3
56.
lb/d Monthly Avg
31
2. Part I.B of the Permit requires the Facility to "limit and monitor discharges from outfall 001 as specified in Table 1, Effluent Limitations and Monitoring Requirements." Table 1, Note 11 states that the Facility should refer to NPDES Permit Application Form 2A, [Table B] for a list of parameters to be tested and reported on an annual basis.
Upon file review, EPA found that for the period of July 1, 2019 to June 30, 2020, the Facility did not conduct annual sampling for dissolved oxygen (DO), Kjeldahl nitrogen, nitrite and nitrate, phosphorus, oil and grease, and total dissolved solids. Failure to conduct and report annual sampling for the parameters in Table B of the NPDES Permit Application Form 2A for the monitoring period ending on June 30, 2020 is a violation of Part I.B of the Permit.
EPA also found that for the period of July 1, 2020 to June 30, 2021, the Facility did not conduct annual sampling for any of the parameters (dissolved oxygen, ammonia, Kjeldahl nitrogen, nitrite and nitrate, phosphorus, oil and grease, chlorine, total dissolved solids) and report this data to EPA. Failure to conduct annual sampling for the parameters in Table B and report the data to EPA is a violation of Part I.B of the Permit.
3. Part III.B.1 of the Permit states, "Monitoring data must be submitted electronically to EPA no later than the 20th of the month following the completed reporting period. All reports required under this permit must be submitted to EPA as a legible electronic attachment to the DMR."
EPA reviewed DMRs submitted by the Facility and found that one DMR was submitted late. The January 2023 DMR was due February 20, 2023 and was submitted April 3, 2023. Failure to timely submit the January 2023 DMR is a violation of Part III.B.1 of the Permit.
EPA also found that in April 2023, the Facility reported no data indicator (NODI) code "P - Laboratory Error or Invalid Test" for total suspended solids and suspended solids percent removal. Failure to collect and report data for all required parameters is a violation of Part III.B.1 of the Permit.
4. Part I.B.3 of the Permit requires the Facility to record maximum daily average temperature using a thermistor, use the device's software to generate an Excel or electronic ASCII text file, and submit the file and placement log annually to EPA and Idaho Department of Environmental Quality (IDEQ) by January 31 for the previous monitoring year.
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The Facility submitted the 2020 Effluent Monitoring Report for temperature was submitted on October 14, 2021 (late). Failure to submit the 2020 Effluent Monitoring Report by January 31, 2021 is a violation of Part I.B.3 of the Permit.
5. Part I.B.4.a of the Permit states, "The permittee must not discharge floating, suspended, or submerged matter of any kind in concentrations causing nuisance or objectionable conditions or that may impair designated beneficial uses."
At the time of the inspection, around the discharge pipe at the outfall, the inspector observed what appeared to be areas of foamy bubbles. In addition to the bubbles, there was a plume leading from the outfall that was noticeably darker than the ambient water in the creek.
Discharging foamy bubbles and an observably dark plume in concentrations that cause nuisance, objectional conditions, or that may impair designated beneficial uses is a violation of Part I.B.4.a of the Permit.
6. Part II.C.4 of the Permit requires the Facility to submit an Annual Report of Progress which outlines the progress made towards reaching the compliance date for the ammonia effluent limitations by July 20th of each year.
The Facility submitted the 2019 Annual Report of Progress on October 14, 2021 (late) and the 2020 Annual Report of Progress on October 14, 2021 (late). Failures to submit the 2019 and 2020 reports by July 20, 2020 and July 20, 2021, respectively, are violations of Part II.C.4 of the Permit.
7. Part I.C.7.a of the Permit requires the Facility to submit all surface water monitoring results for the previous calendar year for all parameters in an annual report to EPA and IDEQ by January 31st of the following year.
The Facility submitted the 2019 Surface Water Monitoring Report on June 15, 2020 (late), and the 2020 Report on October 14, 2021 (late). Failures to submit the 2019 and 2020 Surface Water Monitoring Reports by January 31, 2020 and January 31, 2021, respectively, are violations of Part I.C.7.a of the Permit.
EPA understands that the City has committed to implementing upgrades of the Facility by entering into a Compliance Agreement Schedule (CAS) with the Idaho Department of Environmental Quality (DEQ). The construction required by the CAS will require substantial investment, both in terms of funding and personnel. EPA understands that, pursuant to the CAS, the construction of the treatment process for ammonia is expected to be completed by December 1, 2024, and final compliance with effluent limits is expected to be completed by July 1, 2025. However, in addition to the needed construction, EPA is concerned that the violations outlined in this letter are the result of deferred or inadequate maintenance. EPA also expects the Facility to be adequately staffed with competent operators certified at appropriate levels to prevent additional noncompliance.
The City of Genesee 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
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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:
Emily Siangkam Compliance Officer U.S. Environmental Protection Agency Siangkam.Emily@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 Emily Siangkam, of my staff, at Siangkam.Emily@EPA.gov or (206) 553-2964.
Sincerely,
JEFFERY KENKNIGHT
Digitally signed by JEFFERY KENKNIGHT Date: 2024.10.01 13:25:03 -07'00'
Jeff KenKnight, Manager Water Enforcement and Field Branch Enforcement and Compliance Assurance Division
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cc: Mr. Dustin Brinkly Public Works Director, City of Rainier Dr. Mary Anne Nelson Surface and Wastewater Division Administrator, Idaho Department of Environmental Quality Mr. Troy Smith Compliance and Enforcement Supervisor, Idaho Department of Environmental Quality Ms. Heidi Caye Compliance and Enforcement Coordinator, Idaho Department of Environmental Quality Mr. Michael Camin Regional Administrator, Lewiston Office, Idaho Department of Environmental Quality
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