On April 26, 2024, there was an incident at the Facility that resulted in the fatality of one (1) worker while working in a scum pit. EPA sent an informal questionnaire to the Respondent, and the Respondent provided documentation and information concerning the Incident and the Respondent’s compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68.
Based on the response provided on May 19, 2025, EPA conducted an investigation of the Facility to determine Respondent’s compliance with Section 112(r) of the CAA, 42 U.S.C. § 7412(r), and 40 C.F.R. Part 68 (the “Investigation”).
The Incident occurred at one of the Facility’s scum pits, which had been offline and not in operation on the date of the Incident. Based upon the information gathered during the Investigation, EPA determined that the respondent violated certain provisions of the CAA.
ALLEGED VIOLATIONS
Complainant hereby states and alleges that Respondent has violated the CAA and federal regulations promulgated thereunder as stated below.
Count 1- General Duty Clause
Respondent was unable to determine the root cause of the Incident. Despite the scum pit being empty and non-operational at the time of the Incident, it is inconclusive whether a chemical byproduct of the scum pit itself contributed to the Incident.
Despite good faith efforts to recreate the conditions on the day of the Incident, Respondent’s inability to conclusively identify the root cause of the Incident is a violation of Section 112(r)(l) of the CAA for failing to identify a hazard.
Count 2 – General Duty Clause
On April 26, 2024, there was a fatality of an employee of the Wastewater Treatment Plant. One corrective action identified to prevent recurrence in the response to informal questions provided by Respondent was to create “a formal directive requiring all plant staff to always wear personal air monitors while inside the plant.” Another corrective action identified to prevent recurrence in the response to informal questions provided by Respondent was to “identify and label with proper signage all confined spaces throughout the Utility Plants” by July 2025.
Respondent’s failure to design and maintain a safe facility is a violation pursuant to Section 112(r)(1) of the CAA.
Count 3- General Duty Clause
Respondent failed to train employees as to hazards which they may encounter and failed to train operators how to safely respond to process upsets. Corrective actions identified by the Respondent to prevent recurrence included hydrogen sulfide, chlorine, and confined space entry training for all pertinent staff. Another corrective action identified to prevent recurrence in the response to informal questions provided by the Respondent was to develop and implement a confined space entry standard operating procedure in English and Spanish.
Respondent’s failure to minimize the consequences of an accidental release is a violation pursuant to Section 112(r)(1) of the CAA.
ORDER FOR COMPLIANCE
Compliance Actions
Based on the EPA Findings of Fact and Conclusions of Law and the Alleged Violations, Respondent is hereby ORDERED and agrees to comply with the requirements of Section 112(r) of the CAA. Specifically, EPA and Respondent agree that Respondent shall, as expeditiously as possible, complete the following actions (Compliance Actions):
a. Ensure all pertinent plant staff have attended confined space training;
b. Develop and implement confined space entry standard operating procedures in English and Spanish to include zero tolerance language for existing personnel and a second version to include roles and responsibilities of plant safety positions;
c. Update the disciplinary policy memo to include zero-tolerance language regarding confined space entry procedure violations;
d. Identify and label with proper signage all confined spaces and permit required confined spaces throughout the utility plants;
e. Create a formal directive requiring all plant staff to always wear personal air monitors while inside the plant;
f. Create a formal directive stating that no alterations to plant infrastructure will be implemented unless reviewed and approved by an engineer and to address language that identifies “safe” and “unsafe” plant areas;
g. Create a master list of all confined spaces throughout the utility and confined spaces that are serviced by the utility throughout the city;
h. Develop training on identifying characteristics and hazards of hydrogen sulfide;
i. Verify if certificates can be provided for current and future confined space training; and,
j. Coordinate a procurement process to provide hands-on confined space entry training.
The above compliance actions are to be completed no later than December 31, 2025
