UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION Ill 

1650 Arch Street 

Philadelphia, Pennsylvania 19103-2029 

Richard Christopher, Manager 

New Castle Sanitation Authority 

110 East Washington Street 

P.O. Box 1404 

New Castle, Pennsylvania 16101 

SEP 2 S- tD11J 

Re: Administrative Order for Compliance and Request for Information, EPA Docket No. CW A03-2011-0272DN 

Dear Mr. McCurdy: 

Enclosed is an Administrative Order ("Order") and information request issued this date 

pursuant to Section 308 and Section 309(a) of the Clean Water Act (the "Act"), as amended, 33 

U.S.C. § 1318 and 1319(a). Please provide a signed written confmnation of your intention to 

comply with this request to Chad D. Harsh, EPA Region III, at the address provided in Section 

VI, within five (5) days of receipt ofthis·Information Request. 

Your responses to this request must be accompanied by a certificate that is signed and 

dated by you or the person who is authorized by you to respond to the request within fifteen (15) 

days unless oth~rwise stated. The certification must state that the response is complete and 

contains all information and documentation available to you pursuant to the request. Section IV, 

Paragraph 40 provides a Statement of Certification for this purpose. 

You should carefully read the contents of the enclosed Order and information request, 

and communicate to each responsible official, agent or employee the actions which each such 

person must take to ensure compliance with its terms. Failure to comply with the terms of the 

Order and information request may result in further enforcement actions being taken, including a 

civil suit for penalties and injunctive relief, or a criminal prosecution as appropriate. 

If you require any information or assistance regarding this matter, please contact 

Chad D. Harsh, U.S. EPA Region III, NPDES Enforcement, 215-814-2633 or 

Stephen Field, Water Branch Chief in the Office of Regional Counsel, 215-814-2603. 

Sincerely, Cii:M!(i::;- Water Protection Division 

Enclosures 

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cc: Jeff Means, Executive Assistant 

Office of Field Operations, P ADEP 

John Holden, Environmental Program Manager 

Water Management Northwest Regional Office 

PADEP 

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION III 

1650 Arch Street 

Philadelphia, Pennsylvania 19103-2029 

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IN THE MATTER OF: 

New Castle Sanitation Authority 

110 East Washington Street 

P.O. Box 1404 

New Castle, Pennsylvania 16101 

Respondent 

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Docket No. CWA-03-20 11-02~ -J 

FINDINGS OF VIOLATION 

ORDER FOR COMPLIANCE 

AND REQUEST FOR INFORMATION 

I. STATUTORY AUTHORITY 

1 . This Order for Compliance and Request for Information ("Order and Request") is issued 

under the authority vested in the Administrator of the Environmental Protection Agency 

(hereinafter "EPA") under Sections 308 and 309(a) ofthe Clean Water Act ("CWA" or 

"Act"), 33 US.C. §§ 1318 and 1319(a). The Administrator has delegated these 

authorities to the Regional Administrator of Region III, who in tum has delegated them to 

the Director of the Water Protection Division of Region III. 

II. STATUTORY AND REGULATORY BACKGROUND 

2. Section 30l(a) of the Act, 33 U.S.C. § 1311(a), prohibits the discharge of any pollutants 

(other than dredged or fill material) from a .point source into waters of the United States 

except in compliance with a permit issued pursuant to the National Pollutant Discharge 

Elimination System (''NPDES") program under Section 402 of the Act, 33 U.S.C. § 1342. 

3. EPA is authorized under Section 308 ofthe CWA, 33 U.S.C. § 1318, to require owners 

and operators of point sources to establish records and make such reports as may be 

necessary to carry out the purpose of the Act, including but not limited to: 

(a) Developing or assisting in the development of any effluent limitation, or other 

limitation, prohibition, effluent standard, pretreatment standard, or standard of 

performance under the CW A; 
(b) Determining whether any person is in violation of any such effluent limitation, or 

other limitation, prohibition or effluent standard, pretreatment standard, or 

standard of performance; 

(c) Any requirement under Section 308 ofthe CWA, 33 U.S.C. § 1318; or 

(d) Carrying out Sections 305,311,402,404, and 504 ofthe CWA, 33 U.S.C. §§ 

1315, 1321, 1342, 1344, and 1364. 

4. Section 402(a) of the Act, 33 U.S.C. § 1342(a), provides that EPA may issue permits 

under the NPDES program for the discharge of pollutants from point sources to waters of 

the United States. The discharges are subject to specific terms and conditions as 

prescribed in an NPDES permit. 

5. "Discharge of a pollutant" includes any addition of any pollutant or combination of 

pollutants to waters of the United States from any point source. 40 C.F.R. § 122.2. 

6. Section 502(6) ofthe Act, 33 U.S.C. § 1362(6), defines "pollutant" to include, inter alia, 

sewage, sludge, biological material and industrial, municipal and agricultural waste. 

7. Section 502(14) of the Act, 33 U.S.C. § 1362(14) defines "point source" as "any 

discernible, confined and discrete conveyance, including but not limited to, any pipe, 

ditch, channel, tunnel, conduit, well [or] discrete fissure ... " 

8. EPA is the pretreatment "Approval Authority", as that term is defined by 40 C.F.R. § 

403.3(c), in the Commonwealth ofPennsylvania. 

9. Pursuant to Section 402(b) of the Act, 33 U.S.C. § 1342(b), EPA authorized the 

Pennsylvania Department of Environmental Protection ("PADEP") to issue NPDES 

permits within the Commonwealth of Pennsylvania ("P A"). 

III. EPA FINDINGS AND ALLEGATIONS 

10. New Castle Sanitation Authority ("Respondent") is a "person" within the meaning of 

Section 502(5) of the Act, 33 U.S .C. § 1362(5). 

11. Respondent, at all times relevant to this Order, has or operated a publicly owned 

treatment works, as that term is defined by 40 C.F.R. § 403.3, located New Castle, PA 

("the Facility"). 

12. Respondent operated the Facility pursuant to NPDES Permit No. NPDES Permit No. 

PA00227551 ("Permit"). 

13. Upon information and belief, the New Castle POTW had been accepting oil and gas 

exploration and/or production wastewaters for treatment. 

14. Respondent's pretreatment report for calendar year 2009 indicates that it is believed that 

gas brine wastes were impacting the treatment plant resulting in "higher sludge blanket 

2 
levels that are more easily upset and washed out during rainfall induced high flow 

events." 

15. A January 31, 2011 letter from EPA notified Respondent, among other things, the need to 

characterize the waste, the Authority's responsibility to evaluate the need for local limits 

for new waste before allowing the discharge of the waste, and the need to develop a sitespecific inhibition criteria for the pollutants of concern. 

16. Respondent received a letter from P ADEP dated March 18, 2011 requesting that 

Respondent sample its effluent for total dissolved solids (TDS), pH, alkalinity, chloride, 

sulfate, bromide, Gross Alpha, Radium 226 and 228, and Uranium. 

17. EPA conducted a NPDES file review in the Northwest and Southwest Regional Offices 

of Pennsylvania Department of Environmental Protection April 3-8, 2011. 

IV. VIOLATIONS 

18. The allegations of Paragraphs 1 through 17 are realleged and incorporated herein by 

reference. 

19. Respondent is the owner and operator of, and NPDES permittee for, the Facility and is 

legally responsible for all discharges from the Facility. 

20. Part A, Section 1 of the Permit prescribes effluent limitations for the Respondent's 

discharge. 

21. A summary table of effluent limit exceedences, as reported on discharge monitoring 

reports ("DMRs") by Respondent, is attached as Appendix A. 

22. The effluent exceedences identified in Appendix A constitute violations ofthe Pennit and 

Section 301(a) ofthe Act. 

V. CONCLUSION OF LAW 

23. Respondent's failures to comply with Permit effluent limitations constitute a violation of 

Section 301 ofthe CWA, 33 U.S.C § 1311. 

VI. ORDER AND REQUEST 

AND NOW, this :l6 \l~ day of September, 2011, Respondent is hereby 

ORDERED, pursuant to Section 309(a) of the Act, 33 U.S.C. § 1319(a), to undertake the 

following activities and pursuant to Section 308 of the CWA, 33 U.S.C.§ 1318, to 

provide the following information within fifteen ( 15) calendar days upon receipt of this 

Order and Request, unless otherwise specified. 

24. Respondent shall immediately discontinue its acceptance of oil and gas exploration 

and/or production wastewater until an evaluation of the program can be completed as 

3 
described below. 

25. Within fifteen (15) days upon receipt on this Order and Request, Respondent shall submit 

a plan for the development of local limits for pollutants of concern associated with oil 

and gas exploration and/or production wastewater. 

26. Within fifteen (15) days upon receipt on this Order and Request, Respondent shall submit 

a plan for the development of site-specific inhibition criteria for the pollutants of concern 

associated with oil and gas exploration and/or production wastewater. 

27. Respondent shall immediately take whatever action necessary to correct the deficiencies 

and eliminate and prevent recurrence of the violations cited above, and come into 

compliance with all of the applicable requirements of the Permit and the Act and its 

implementing regulations. 

28. Respondent shall begin composite sampling, of a minimum of 8-hour duration, of its 

effluent for the analysis for TDS, chloride, bromide, sulfate, Gross Alpha, Radium 226 

and 228 and Uranium upon receipt of this Order and Request and biweekly thereafter. 

Samples should be analyzed by an accredited laboratory using EPA-approved methods. 

Respondent shall submit to EPA and PADEP the additional monitoring data of their 

effluent with its monthly DMRs to characterize its water quality. 

29. Respondent will not be required to perform the sampling and analysis prescribed in 

paragraph 28 above, if within 5 days of receipt of this Order and Request, Respondent 

certifies that it will not accept any oil and gas exploration and/or production wastewater. 

To meet the requirements ofthis paragraph, Respondent must sign and return to EPA the 

attached certification (Attachment B). 

30. Within fifteen (15) days upon receipt on this Order and Request, Respondent shall submit 

a written report detailing the specific actions taken to correct the violations cited herein 

and explaining why such actions are anticipated to be sufficient to prevent recurrence of 

these or similar violations. Respondent shall submit copies of all investigations 

conducted as a result of the effluent limit exceedences listed in Appendix A and copies of 

documents related to such investigation or provide explanation why such investigations 

were not conducted. 

31. The report referenced in Paragraph 30 shall specify whether the acceptance of oil and gas 

exploration and/or production wastewater caused or contributed to the effluent limit 

exceedences listed in Attachment A. 

32. Respondent shall provide EPA with an electronic spreadsheet that summarizes the 

information recorded in the Facility's monthly DMRs for the years 2006-2011. 

33. Respondent shall provide EPA with the day, month, and year when the Facility first 

accepted oil and gas exploration and/or production wastewater. 

34. Respondent shall provide EPA with the notification the Facility gave to PADEP 

4 
regarding the Facility's acceptance of oil and gas exploration and/or production 

wastewater referenced in Paragraph 33. 

35. Respondent shall provide EPA with documentation ofPADEP's authorization for the 

Facility's acceptance of oil and gas exploration and/or production wastewater referenced 

in Paragraph 33. 

36. Respondent shall provide EPA with all characterization evaluations of incoming wastes 

with source identification since the date referenced in Paragraph 3 3. 

3 7. Respondent shall provide EPA with copies of all permit amendment applications 

including, but not limited to, applications submitted to notify the permitting authority of a 

proposed change in the type wastes received at the Facility since the date referenced in 

Paragraph 33. 

38. Respondent shall provide EPA with the Facility's standard operating procedures for 

sampling the hauled wastewater at the truck unloading zone. 

39. Respondent shall provide EPA with the Facility's method for determining whether or not 

to accept hauled wastewater at the truck unloading zone based on the sampling 

procedure referenced in Paragraph 38. 

40. Respondent shall provide EPA with all investigations to causes for effluent exceedences 

in Appendix A. 

41. Within five (5) calendar days ofthe effective date ofthis Order and Request, Respondent 

shall submit to EPA a certification, signed by a responsible official of Respondent's 

intent to comply with this Order and Request. 

42. Unless otherwise stated, Respondent shall provide EPA all submissions pursuant to this 

Order and Request within fifteen (15) calendar days of receipt of this Order and Request. 

All submissions pursuant to this Order and Request shall be signed, and dated by a 

responsible official of the Respondent, and include the following certificiation: 

"I certify that the information contained in or accompanying this submission is true, 

accurate, and complete. 

As to the identified portion(s) of this submission for which I cannot personally verify its 

truth and accuracy, I certify as the responsible official having supervisory responsibility 

for the person(s) who, acting under my direct instructions, made the verification, that this 

information is true, accurate, and complete. I am aware that there are significant 

penalties for submitting false information, including the possibility of fine and 

imprisonment for knowing violations. 

5 
By ________________________ _ 

(Signature) 

(Title) 

(Date) 

The submission and certification shall be submitted to: 

Chad D. Harsh 

NPDES Enforcement Branch 

Mail Code 3WP42 

U.S. EPA, Region III 

1650 Arch Street 

Philadelphia, PA 19103-2029 

VII. GENERAL PROVISIONS 

43. Issuance ofthis Order and Request shall not be deemed an election by EPA to forego any 

administrative, civil, or criminal action to seek penalties, fines, or any other appropriate 

relief under the Act for the violations cited herein. EPA reserves the right to seek any 

remedy available under the law that it deems appropriate for the violations cited. Failure 

to comply and/or respond to this Order and Request, or providing misleading or false 

information, may subject you to civil and/or criminal sanctions pursuant to, 

33 U.S.C. § 1319, 18 U.S.C. § 1001, and/or a civil judicial action initiated by EPA and 

the U.S. Department of Justice. If EPA initiates such an action, Respondent may be 

subject to civil penalties of up to $37,500 per day of violation pursuant to 33 U.S.C. § 

1319 and 40 C.F.R. Part 19. 

44. If a criminal judicial action is initiated, and Respondent is convicted of a criminal offense 

under Section 309 ofthe Act, 33 U.S.C. § 1319, Respondent may be subject to a 

monetary fine and/or imprisonment, and may become ineligible for certain contracts, 

grants, or loans under Section 508 of the Act33 U.S.C. § 1368. 

45. Respondent shall permit EPA or its authorized representative to inspect any site under its 

control or authority at reasonable times to confirm that Respondent is in compliance with 

this Order and Request and with any applicable permit and the Act and its implementing 

regulations. EPA reserves all existing inspection authority. 

46. This Order and Request does not constitute a waiver or modification of the terms or 

conditions of any NPDES permit. Compliance with the terms and conditions of this 

Order and Request does not relieve the Respondent of its obligations to comply with any 

applicable federal, state, or local law, regulation or ordinance. 

6 
47. Violation of the terms and conditions of this Order and Request constitutes an additional 

violation of the Act, and may result in a civil action for injunctive relief and/or a penalty 

not to exceed $37,500 per day of such violation, pursuant to Sections 309(b) and (d) of 

the Act, 33 U.S.C. Section 1319(b) and (d). In addition, Section 309 provides criminal 

sanctions for knowing or negligent violations of the Act including imprisonment and 

fines of up to $50,000 per day of violation. 

VIII. EFFECTIVE DATE 

This ORDER AND REQUEST is effective upon receipt. 

(jk~~~- Water Protection Division 

EPA, Region III 

7 
I certify that New Castle Sanitation Authority, which operates under NPDES Permit No. 

PA00227551 will not accept any oil and gas exploration and/or production wastewaters at this 

facility. For the purpose of this certification, oil and gas exploration and/or production 

wastewaters includes, but is not limited to: ground water produced from coal seams, shale 

formation ground water, well drilling fluids, fracturing fluids, shale gas produced water, water 

produced from conventional and unconventional wells, pit water, containment pond water, and 

storage pond water. 

IfNew Castle Sanitation Authority desires to accept oil and gas exploration and/or 

production wastewater after signing this certification, New Castle Sanitation Authority will, prior 

to acceptance: notify EPA Region III and PADEP of its intent, take all actions necessary to 

comply with the Clean Water Act (CWA) and receive all necessary approvals from EPA and 

PADEP. 

As a responsible official, I certify that this statement is true and correct. I am aware that 

violations of CWA are punishable under the civil and criminal provisions of Section 309 of the 

CW A, which provide for the assessment of penalties, injunctive relief and imprisonment. 

By ________________________ _ 

(Signature) 

(Title) 

(Date) 
Appendix A. Monthly Discharge Monitoring Report Effluent Violations