PUBLIC NOTICE OF SIGNIFICANT NON-COMPLIANCE WITH CITY OF AUBURN SEWER USE LAW P.Y. 2010

The following permitted industries are listed as having been in violation of Title 40 and Section 403.8(f)(v)(A,B&F) of the Code of Federal Regulations (CFR) during the City of Auburn Industrial Pretreatment Year 2010. This notice is published in accordance with 40 CFR Part 25 and covers the period from October 1, 2009 to December 31, 2010: Pretreatment Year Periods: First Evaluation Period - October 2009 through March 2010 Second Evaluation Period - January 2010 through June 2010 Third Evaluation Period - April 2010 through September 2010 Fourth Evaluation Period - July 2010 through December 2010

Violation 40 CFR 403.8(f)(2)(vii)(A): Type "A" violations are defined by the CFR as "Chronic violations" of wastewater discharge limits..." in which sixty-six percent or more of all of the measurements taken during a six-month period equal or exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter.

Violation 40 CFR 403.8(f)(2)(vii)(B): Type "B" violations are defined by the CFR as "Technical Review Criteria" (TRC) violations, those in which thirty-three percent of more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).

Violation 40 CFR 403.8(f)(2)(vii)(F): Type "F" violations are defined by the CFR as "Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;"

1.Industry Name: McQuay International Address: 4900 Technology Boulevard Auburn, N.Y. 13021 Type "A" Violations: The wastewater concentration of Phosphorus from McQuay exceeded the maximum local limit of 10 mg/L twice in two sampling events during the second evaluation period (100%). Results were 51 mg/L in February and 79 mg/L in April, 2010. Type "B" Violations The wastewater concentration of Phosphorus exceeded the maximum limit of 10 mg/L once in February in the first period and once in April 2010 in the second period (50%). Actions Taken: The City of Auburn notified McQuay of the February excursion. McQuay notified the City of the April excursion in accordance with discharge permit requirements. Compliance McQuay International employed a high-intensity sampling program and performed preventive maintenance on the paint wash system. Compliance with local limits was achieved. Penalties: No penalties were assessed.

2.Industry Name: Nucor Steel Auburn Address: PO Box 2008 25 Quarry Road Auburn, N.Y. 13021 Type "B" Violations The wastewater concentration of oil and grease exceeded the monthly maximum limit of 100 mg/L once in the first evaluation period (50%). The lab result in the second period was 1,488 mg/L. Two of the four of the samples taken in May exceeded the TRC value for oil and grease (50%). The above samples taken in May were two of five counted in the third period as excursions (40%). Actions Taken: The City of Auburn notified Nucor Steel of the first excursion in May 2010. A Notice of Violation was sent on June 10, 2011. Compliance Nucor re-sampled in accordance with pretreatment program requirements and performed preventive maintenance at the monitoring location. Compliance was verified on May 25, 2010. Penalties: No penalties were assessed.

3.Industry Name: Anschutz Exploration (emphasis added) Address: 555 Seventeenth Street Suite 2400 Denver, Colorado Type "F" Violations: 90-Day self-monitoring reports were not submitted for the second, third or fourth quarters of 2010. Actions Taken: Anschutz Exploration was notified of reporting requirements on January 26, 2011 that the City of Auburn would no longer accept water without quarterly reports. Waste water was sampled in February 2011 by the City in accordance with EPA-approved pretreatment program protocol. Compliance Anschutz is scheduled to submit samples in the second quarter 2011 in accordance with their discharge permit requirements. Anschutz submitted first quarter sample results in lieu of the fourth quarter 2010 results, and required certification verifying that no water from horizontal Marcellus Shale formation was discharged to the Auburn Wastewater Facility in 2010. Penalties: No penalties were assessed.

4.Industry Name: Chesapeak Energy (emphasis added) Address: Chesapeak Appalachia, LLC Eastern Division 6100 N. Western Avenue Oklahoma City, Ok. 73118 Type "F" Violations: 90-Day self-monitoring report was not submitted for the fourth quarter of 2010. Actions Taken: Chesapeak Energy was notified of reporting requirements on January 26, 2011 that the City of Auburn would no longer accept water without quarterly reports. Compliance Chesapeak is scheduled to submit samples in the second quarter 2011 in accordance with their discharge permit requirements. Chesapeak submitted required certification verifying that no water from horizontal Marcellus Shale formation was discharged to the Auburn Wastewater Facility in 2010. Chesapeak has elected not to make deliveries until further notice. Penalties: No penalties were assessed.

5. Industry Name: Empire Energy (emphasis added) Address: PO Box 100 Mayville, N.Y. 14757 Type "F" Violations: 90-Day self-monitoring reports were not submitted for the second, third or fourth quarters of 2010. Actions Taken: Empire Energy was notified of reporting requirements on January 26, 2011 that the City of Auburn would no longer accept water without quarterly reports. Waste water was sampled by the City in February 2011 in accordance with EPA-approved pretreatment program protocol. Compliance Empire is scheduled to submit samples in the second quarter 2011 in accordance with their discharge permit requirements. Empire submitted required certification verifying that no water from horizontal Marcellus Shale formation was discharged to the Auburn Wastewater Facility in 2010. Penalties: No penalties were assessed.

6. Industry Name: Epsilon Energy USA, Inc. (emphasis added) Address: 3343 PA State Route3004 Meshoppen, Pa. 18630 Type F Violations: 90-Day self-monitoring report was not submitted for the second quarter of 2010. Epsilon only discharged waste water on June 14 and 15, 2010. Actions Taken: Epsilon was notified of reporting requirements on January 26, 2011 that the City of Auburn would no longer accept water without quarterly reports. Compliance Epsilon submitted required certification verifying that no water from horizontal Marcellus Shale formation was discharged to the Auburn Wastewater Facility in 2010. No additional deliveries were made in 2010 and none are planned for 2011. Penalties: No penalties were assessed.

7. Industry Name: Norse Energy (emphasis added) Address: 3556 Lakeshore Road Suite 700 Buffalo, N.Y. 14219 Type F Violations: Norse delivered waste water to the City treatment plant only in the fourth quarter of 2010.The 90-Day self-monitoring report was not submitted for the fourth quarters of 2010. Actions Taken: Norse was notified of reporting requirements on January 26, 2011 that the City of Auburn would no longer accept water without quarterly reports. Waste water sampling is planned in the first quarter 2011 by the City in accordance with EPA-approved pretreatment program protocol. Compliance Norse is scheduled to submit samples in the second quarter 2011 in accordance with their discharge permit requirements. Norse submitted required certification verifying that no water from horizontal Marcellus Shale formation was discharged to the Auburn Wastewater Facility in 2010. Penalties: No penalties were assessed.

8. Industry Name: Talisman Energy (emphasis added) Address: 337 Daniel Zenker Drive Horseheads, N.Y. 14845 Type F Violations: Talisman delivered waste water to the City treatment plant in all four quarters of 2010. 90-Day self-monitoring reports were not submitted for the second, third or fourth quarters of 2010. Actions Taken: Talisman was notified of reporting requirements on January 26, 2011 that the City of Auburn would no longer accept water without quarterly reports. Waste water was sampled by the City in in February 2011 in accordance with EPA-approved pretreatment program protocol. Compliance Talisman is scheduled to submit samples in the second quarter 2011 in accordance with their discharge permit requirements. Talisman submitted required certification verifying that no water from horizontal Marcellus Shale formation was discharged to the Auburn Wastewater Facility in 2010.

Penalties: No penalties were assessed. ___________________ Vicky L. Murphy Director of Municipal Utilities

Mar 31, 2011

 

0
0
0
0
0