The U.S. Environmental Protection Agency (EPA), Region III, is hereby giving notice that it proposes to enter into a Consent Agreement and Final Order ("CAFO"), which commences and concludes the administrative action against Kingston Borough, 500 Wyoming Avenue Kingston, Pennsylvania 18704. The CAFO assesses an administrative penalty of $12,000 (twelve thousand dollars) under Section 309(g) of the Clean Water Act, 33 U.S.C. Section 1319(g) for violation of Section 402 of the Clean Water Act. An Administrative Order for Compliance on Consent (“AOCC”) is being issued concurrently with the CAFO. The Borough is required to provide US EPA with copies of:
- A list of specific target audiences within the area served by the Borough’s MS4 that will be addressed with a message to reduce or eliminate practices and behaviors that contribute to polluted storm water runoff.
- A written illicit discharge and detection program that includes:
- A detailed standard operating procedure(s) (SOP) for identifying priority areas,
- A detailed SOP for screening outfalls in priority areas during varying seasonal and meteorological conditions, not limited to dry weather conditions as noted in the Borough’s response.
- A detailed SOP for identifying sources of illicit discharges,
- A detailed SOP for eliminating an illicit discharge,
- A detailed SOP for assessing the potential for illicit discharges caused by the interaction with sewage disposal systems (e.g. smoke testing), and
- A detailed SOP for program documentation, evaluation, and assessment.
- A written updated inventory of PCSM BMPs compliant with MCM #5, BMP #6.
- A detailed SOP for a municipal employee (and contractors) training program that addresses appropriate topics to further the goal of preventing or reducing pollutants from municipal operations to your regulated MS4. This SOP must include all required elements under MCM #6, BMP #3 and must be specific to your Borough’s MS4.
EPA Region III alleges the following violations to the National Pollutant Discharge Elimination System (NPDES) Stormwater Discharges from Small Municipal Separate Sewer Systems (MS4) General Permit (“PAG-13” or “Permit”): The Borough had not fully implemented MCM#1 - public education and outreach; MCM#3 - an illicit discharge detection and elimination program; MCM#4 -construction site stormwater runoff control; MCM#5 - post-construction stormwater management; and MCM#6 – pollution prevention and good housekeeping for municipal operations and maintenance.