The Journey of Ink to Chrome to Juice (Enforcement you judge by jumping in)

Transcription

1 The Journey of Ink to Chrome to Juice (Enforcement you judge by jumping in) Presented by Scott Mallery, P.E. Pretreatment Engineer September 2013 State of Washington Department of Ecology Water Quality Program Eastern Regional Office Spokane, Washington 1

2 Outline What is Pretreatment? Overview of State of Washington s Water Quality and Pretreatment Programs Waters of the State and Permits Delegated Pretreatment Program Partial Pretreatment Program Non-delegated POTW Ink Chrome Juice Questions 2

3 What is Pretreatment? Defined in 40 CFR as treatment before or in lieu of discharge to a POTW Intent of the Program: Protect POTWs from harmful discharges Empower POTWs to oversee industries Set uniform standards of treatment Establish standards for local programs Allow states to assume local programs when they have the ability & desire to do so. 3

4 History of State Program Water Pollution Control (RCW 90-48) 1973 Waters of the State Surface and Ground (Land Application, etc) Pollution Disclosure Act of 1971 (RCW 90-52) --AKART: All Know, Available, and Reasonable Treatment Delegation Process ( WAC) 1975 State Waste Discharge Permit Program ( WAC) 1983 Submission of Plans and Reports for Construction of Wastewater Facilities (WAC ) 1983 Engineering Report, Plans and Specifications, and Operations and Maintenance Manual Requirement of Professional Engineer State Pretreatment Program Manual 1986 Program required by EPA agreement Implements state and federal regulations 4

5 Key Features of the State Pretreatment Program Ecology may permit industries for POTWs POTWs not delegated have certain responsibilities by default POTWs may assume additional responsibilities for their protection and/or to defer developing a full program. NPDES and some State to Ground Permits identify requirements 5

6 Pretreatment Responsibilities Delegated Programs Implement all federal and state requirements Other (Non-Delegated) POTWs with Industries Have support obligations in NPDES and State permits Dept of Ecology Permits industries to non-delegated POTWs Review Engineering Reports, Plans & Specs, & O & M Manuals Oversees delegated program implementation 6

7 WHAT DO YOU DO WITH THIS? 7

8 WHAT DO YOU DO WITH THIS? 8

9 WHAT DO YOU DO WITH THIS? City Small POTW Clarifier City Large POTW Clarifier 9

10 What is Going on? Is there a problem at the Large POTW? If so, what is it? What do you do? 10

11 Ideas Look at Industries Study Meeting Inspection Enforce Work with the City Other Punt 11

12 Do a study and then Inspect Box Plant Chemical Food Processor Solar Cells Foundry 12

13 History Box Plant Facility makes boxes and Operating since Determined that they needed a permit Company A brought out by Company B in had red dye in the headworks 2002 Temporary Permit First Permit issued -----Effective: 3/1/2003 Expires: 2/1/2006 Engineering Report done 2005 Settling Tank will provided the treatment needed for Ink Second Permit issued----effective: 8/1/2006 Expires: 7/31/2011 Updated Permit in April on Appeal for BOD limit (Lbs/day) 13

14 Box Plant 14

15 Settling Tank 15

16 Starch and Box Maker 16

17 Compliance Point 17

18 Ink So, is there a problem with Box Plant? If so, what is it? NOTE: Small and Large POTW were upgrade in 2003 and What do you do? 18

19 Ideas Look at Industries Study Meeting Inspection Enforce Work with the City Other Punt 19

20 Ink-2007 Large POTW Effluent Large POTW with 2 ml of Company s Discharge Ecology, City, and Company did Studies Many Meetings NOT US Company City Code Color 20

21 Ink and 2009 Company C buys Company B in 2008 Inspections Concern on Ink City shows issues still with discharge (2009) Ecology does study of Large POTW and Company effluent (finds ink) Company submitted Wastewater Treatability Test (coagulation and filtration) 21

22 Ink- 2010, 2011, and 2012 Company submits Wastewater Update (2010) Company submits letter early 2011 Found system and will install Provides Engineering Report for system (mid 2011) Inspections late submittals and other items for installation Installed New Wastewater System (Feb 2012) Reissued permit Effective: 9/1/2012 Exp: 8/21/2017 (With requirements of new system- 25 NTU) 22

23 Treatment System 23

24 Treatment System 24

25 Results City Large POTW Before City Large POTW After 25

26 Keep Your Cool Summary Ink Work with your parties Enforcement maybe Hope the Company will be brought out several times to get a company who will do the right thing Company Recognized by City and Ecology Give a presentation at this Conference 26

27 Chrome You Get an from the Hazardous Waste Program (April 2010) about one of your Facility (chrome platter) They finished an inspection and have questions about their pretreatment permit And sent you this photo: What do you do? 27

28 Chrome Ideas Call Meeting Inspection Enforce Cry Work with the City Other Review History Punt 28

29 History Chrome Facility chromes farming equipment and Operating since 1980s First Permit issued in mid 1980s CI 40 CFR 433 Have issues with Permit since City had new local limits in 2005 (very low metal limits) TREE Visited Put in Ion Exchange System without Engineering report in 2006 (still has trouble meeting discharge limits) Permit reissued in 2008 and Expires: 6/30/2013 (engineering requirement in permit) 2009 Warning Letter for Late DMRs and not sampling (Picture time) 29

30 Chrome-Parts 30

31 Chrome-Chrome 31

32 Chrome-Rinse/Permit Side 32

33 Chrome-Rinse/Permit Side 33

34 Chrome Changes 34

35 Chrome Changes 35

36 Chrome Changes 36

37 Chrome-Unauthorized Discharge Notice the Discharge Point 37

38 Chrome you reviewed the history And you also notice that some of DMRs don t look right What do you do? 38

39 Chrome Ideas Call Meeting Work with Hazardous Waste Inspection Enforce Go on Vacation Work with the City Other EPA Punt 39

40 Chrome and 2011 What Happen Exchanged Information with Hazardous Waste and EPA Had City do inspection Monitored the DMRs and Reports closely Did an inspection in May 2010 EPA visited the facility City took some samples and Tved the line for EPA Chrome violations in June 2010 Facility in August 2010 claimed no Discharge Resubmitted their past DMRs What do you do? 40

41 Chrome Ideas Leave the Country Meeting Inspection Enforce Get a different job Work with the City Other Try a new sport Punt 41

42 Ecology Outcome HAZARDOUS WASTE repeatedly mismanaged dangerous waste from the plating process. had and unlabeled containers of dangerous waste and an actual release of dangerous waste to the ground. At least twelve 55-gallon drums of dangerous waste had accumulated at the site for up to three years. WATER QUALITY permit limits for several pollutants 10 times between Jan. 1, 2010 and Oct. 13, 2011 (chrome exceedances) failed to analyze all water samples as required by its wastewater discharge permit. 42

43 Ecology Outcome March 12, 2012 Combine Fines from Hazardous Waste and Water Quality----- TOTAL $74,000 ($50K and $24K) a payment plan to pay $30,300 can receive credit for up to $27,700 (if improvements to facility s wastewater and dangerous waste management system beyond what is required by regulations Ecology will suspend $16,000 of the $74,000 if Chrome complies with the agreed order and remains in compliance for at least the next three years. Agreed Orders lowered the original $101,460 recommended penalty and require Chrome to waive its right to appeal. 43

44 Ecology Outcome More Detail on WQ Between January 1, 2010 and October 13, 2011 Chrome has had 10 effluent limit violations reported on their Discharge Monitoring Reports (DMR) (June 2010 Chromium (monthly and daily), Copper, Lead, Mercury and Zinc. and July 2010 Cadmium, Chromium (monthly and daily) and Zinc. During the same time period Chrome Inc. had 27 analyses missing from their DMRs. 44

45 Ecology Outcome WQ Order No discharge industrial wastewater of any type to the City from their facility prior to having an Engineer Report, Plans and Specifications, and Operation and Maintenance Manuals submitted and approved, and the approved treatment system installed and operational. No discharge industrial wastewater of any type to the City from their facility without a current wastewater discharge permit in good standing with either Ecology or the City. Comply with all monitoring and monitoring reporting requirements in Special Section S2 and S3 in state waste discharge permit. This condition will expire if the Department cancels permit and it is replaced by an equivalent pretreatment permit issued by the City. May request cancellation of permit when they are covered by an equivalent pretreatment permit issued by the City or have stopped all industrial discharges to the City municipal wastewater collection and have sealed all industrial discharge locations. The seals may be either be permanent or locking with keys controlled by the wastewater staff. The seals must be available for inspection by Ecology or the City upon request during normal business hours or when the facility is in operation. 45

46 Chrome-Changes 46

47 Chrome-Changes 47

48 EPA Part Visit the Company Bob admitted to falsifying DMRs and illegally discharging Gathering Information Used Different Violations then hazardous Waste and Water Quality Took awhile to get it done with Legal Ecology waited as long as we could for EPA to finished but had to enforce sooner due to 2 year limitations 48

49 EPA Outcome 11/13/ :46 AM PST Chrome, Inc Sentencing * This morning, Bob and Chrome Inc. entered pleas of guilty and were sentenced before Judge Van. *Bob entered a plea to a misdemeanor CWA offense (discharge in violation of terms and conditions of state waste discharge permit) as well as a felony CWA false statements offense. *Fred appeared on behalf of the corporation and entered a plea of guilty to the misdemeanor CWA offense. Judge Van then imposed sentences consistent with the plea agreements: 49

50 EPA Outcome (continue) Bob *5 years probation *4 months home confinement (beginning 12/1/2012) *200 hours of community service *$125 special assessment *No fine Chrome *5 years probation *$15,000 fine (paid in three installments with full amount to be paid NLT February 2015) * As a condition of probation, ordered to comply with DOE orders with respect to hazardous waste and pretreatment. *$100 special assessment 50

51 Chrome Now Still in business Still implementing the orders Zero Discharge Facility And same people still work there (Bob, and owner) Ecology permit cancelled City is now overseeing them (no permit but working on zero discharge permit) If Chrome wants to discharge, application and Engineering Report needed 51

52 Summary Chrome More Oversight Less Technical Assistance Turnover Permits to City sooner to deal with issues Enforce Enforce EPA 52

53 History Juice Facility makes juice and Operating since 2003 Final Permit issued Effective: 3/1/2006 Expires 2/1/2011 Limitations: 18,000 gpd waster water; ph: 5.5 to 11; Engineering Report for ph system due 6/1/2006 Engineering Report to separate Stormwater from Process water and Corrosion Evaluation due 3/1/2007 Continue to have issues with high flows up to 55,000 gpd and ph between 3.5 to 11.5 You have just come aboard as the Permit Manager -- It is February What do you do? 53

54 Juice Ideas Call Meeting Inspection Enforce Work with the City Other Go Whitewater Rafting Spend time with your In-Laws 54

55 Juice Call/Inspect May

56 Juice Call/Inspect- May

57 Juice and 2007 No Engineering Report for ph System was not submitted Stormwater Engineering Report turned in January 2007 (due 3/1/2011) Still issue of high flow and ph issues Inspection in May no changes in ph System. Claim that it will be submitted soon What do you do? 57

58 Juice Ideas Call Meeting Inspection Enforce Work with the City Other Punt Application Modify Permit 58

59 Juice Permit Modification Increase flow 250,000 gpd and change dates 59

60 Juice Call/Inspect (Feb 2008) 60

61 Juice ph Engineering Report finally approved June 20, 2008 (due 4/7/2008) ph adjust plans and specifications approved July 31, 2008 (due 4/7/2008) Stormwater Engineering Report finally approved May 1, 2008 (after a year of comments) September 27, 2008 a high strength wastewater discharge caused issues at the City s treatment plant Change dates for completion of ph adjust and Stormwater to 11/30/2008 Still flow ph and DMRs issues It s now end of November 2008 What do you do? 61

62 Juice Ideas Call Meeting Inspection Enforce Work with the City Other Punt Go whitewater rafting Go back to school 62

63 Juice Call/Inspect (Nov 2008) 63

64 Juice Letters of Completion for ph adjust and Stormwater Updated ph adjust plans and specifications approved January 29, 2009 April 10, 2009 Letter of Concern about reoccurring problems with ph limit exceedances July 2009 issued Notice of Penalty of $3000 for slug discharge in September 2008 Still flow, ph and DMRs issues It s now October 2009 What do you do? 64

65 Call Meeting Inspection Enforce Juice Ideas Work with the City Penalty Other Punt Go to Wall Drug 65

66 Juice Call/Inspect (Nov 2009) 66

67 Juice January 2010 issued Notice of Violation for ph violations March 2010 Company s response back (lot of changes in O&M and system) Still flow, ph and DMRs issues It s now October 2010 What do you do? 67

68 Call Meeting Inspection Enforce Juice Ideas Work with the City Penalty Other EPA Give to City Sleep 68

69 Juice Call/Inspect (Nov 2010) 69

70 Juice City is delegated for pretreatment City issues many Notice of Violations for low and high ph system No Plans and Specs/Engineering Report changes to the Ecology on ph adjust system Company is brought by Another Company Permit Expired February 28, 2011(Application submitted February 2, 2011, permit by rule) Still flow, ph and DMRs issues It s now March 2011 What do you do? 70

71 Call Meeting Inspection Enforce Juice Ideas Go to Canada Work with the City Penalty Other Punt Reissue Permit 71

72 Juice Reissue Permit Effective: 7/1/2011 Expires: 6/30/

73 Juice City issues many Notice of Violations for low and high ph system Approval of O&M, Spill Plan, and Slug Discharge Control plan 1/13/2012 (due 9/15/2011) No Engineering Report (due 11/1/11 extended to 1/13/2012 due to company turn over, extended to 2/2/2012 and 3/1/2012 due to engineering issues) Company is brought by Another Company Still flow, ph and DMRs issues It s now April 2012 What do you do? 73

74 Call Meeting Inspection Enforce Juice Ideas Work with the City Penalty Other Punt Go to a Winery 74

75 Juice Call/Inspect (May 2012) 75

76 Juice 2012/2013 City issues many Notice of Violations for low and high ph system May 2012 Inspection ph levels are still violating permit limitations Submit DMRs on-time No Engineering Report has been submitted Appear to have violations of our permit-further enforcement actions may follow s back forth on No Engineering Report (Didn t submit on any extensions Still flow, ph and DMRs issues Low ph: 93 days; High ph: 352 days Flow 13 days (over 250,000 gpd) Temperature: 7 days Late DMRS: 18 Failure to operate and maintain ph adjust system: 352 days Failure to submit Engineering Report: 1 It s now November 2012 What do you do? 76

77 Call Meeting Inspection Enforce Juice Ideas Work with the City Penalty Other Watch the World Series Go back to School (WSU) 77

78 Juice Outcome Order and Penalty (February 2013) $ Failure to Submit Approval Engineering Report Submit Approval Engineering Report by June 30, 2013 Submit Plans and Specifications by September 30, 2013 Complete construction by March 31, 2014 Engineering Report Submitted June 6, 2013 (issues) Approved July 24, 2013 Still issues with ph, Flow, and DMRs Awaiting on plans and specifications Get rid of this permit to the City 78

79 Summary Juice Get rid of permits to the City and let them deal with them Try to work with them but document Enforce in a timely manner Keep Higher Ups informed Technical assistances Lots of tools in the tool boxes NOVs 79

80 Overall Lessons Learned Technical Assist Can Work Ask Higher Ups for better Guidance Enforce in a timely manner Warning Letter/ s NOVs Order and Penalties Always Keep Higher Ups informed Work with the City EPA Criminal See a Movie 80

81 Questions???? Contact information: Scott Mallery, P.E State of Washington Department of Ecology 4601 N. Monroe Street Spokane, WA