Document vvN2ykpkrdz50y2rxRDnQ23Z

Sent via email & certified Mail (dated as indicated on electronic signature) ORDER FOR COMPLIANCE Foam Holdings, Inc. Cory Balthrop 10 Cadillac Dr, Suite 100 Brentwood TN 37027 (owner) Huntington Foam, LLC. Stephen Lane 29 Freight house Road West Brookfield MA 01585 RE: In the Matter of Foam Holdings, Inc. MAG250121 Order for Compliance under Section 309 of the Clean Water Act (33 U.S.C. 1319), Docket No. CWA-AO-R01-FY25-35 Dear Permittee Contact: This Order results from the failure of Foam Holdings, Inc. NPDES ID MAG250121 to meet its reporting obligations under its NPDES permit. Your permit was issued 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 ALLEGUARD - WEST BROOKFIELD and operated by Huntington Foam, LLC., located at 29 Freight House Road, West Brookfield, MA 01585 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, Foam Holdings, Inc. has failed to submit the following DMRs: Permit Name Foam Holdings, Inc. Foam Holdings, Inc. Foam Holdings, Inc. Foam Holdings, Inc. NPDES ID MAG250121 MAG250121 MAG250121 MAG250121 Monitoring Period End Date 04/30/2023 05/31/2023 06/30/2023 07/31/2023 Monitoring Period Start Date 4/1/23 5/1/23 6/1/23 7/1/23 Perm Feature ID Limit Set Designator 001 A 001 A 001 A 001 A Foam Holdings, Inc. Foam Holdings, Inc. Foam Holdings, Inc. Foam Holdings, Inc. Foam Holdings, Inc. Foam Holdings, Inc. Foam Holdings, Inc. Foam Holdings, Inc. Foam Holdings, Inc. Foam Holdings, Inc. Foam Holdings, Inc. Foam Holdings, Inc. Foam Holdings, Inc. Foam Holdings, Inc. Foam Holdings, Inc. Foam Holdings, Inc. Foam Holdings, Inc. Foam Holdings, Inc. Foam Holdings, Inc. MAG250121 08/31/2023 8/1/23 001 A MAG250121 09/30/2023 9/1/23 001 A MAG250121 10/31/2023 10/1/23 001 A MAG250121 11/30/2023 11/1/23 001 A MAG250121 12/31/2023 12/1/23 001 A MAG250121 01/31/2024 1/1/24 001 A MAG250121 02/29/2024 2/1/24 001 A MAG250121 03/31/2024 3/1/24 001 A MAG250121 04/30/2024 4/1/24 001 A MAG250121 05/31/2024 5/1/24 001 A MAG250121 06/30/2024 6/1/24 001 A MAG250121 07/31/2024 7/1/24 001 A MAG250121 08/31/2024 8/1/24 001 A MAG250121 09/30/2024 9/1/24 001 A MAG250121 10/31/2024 10/1/24 001 A MAG250121 11/30/2024 11/1/24 001 A MAG250121 12/31/2024 12/1/24 001 A MAG250121 01/31/2025 1/1/25 001 A MAG250121 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 Foam Holdings, 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, Foam Holdings, 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. Foam Holdings, 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. 2 3. Foam Holdings, 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. Sincerely, Digitally signed by JAMES JAMES CHOW CHOW Date: 2025.03.19 14:46:54 -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