public notice of industries in significant non-compliance (snc) for the year 2016


public notice of industries in significant non-compliance (snc) for the year 2016

When: Monday, November 20, 2017

​This public notice is done in conformance with Sections 50.011 and 50.013, F.S.

The Lee County Industrial Pretreatment Program, which is mandated by the Federal and the Florida State Government, is established to protect the Lee County wastewater treatment plant ("WWTP") processes and its collection system. The Industrial Pretreatment Program prevents the introduction of toxic pollutants into the waste stream which in turn protect the environment.

This is accomplished by the issuance of discharge permits to industrial wastewater users, which limit the level of pollutants that can be discharged into Lee County's collection system.  These discharge permits require industrial facilities to periodically conduct wastewater monitoring to verify compliance with national categorical standards, when applicable, and site-specific local limits developed by Lee County.  Local Limits are based on specific WWTP conditions such as type of treatment units, treatment capabilities, pollutants loadings and effluent quality limits required by the Florida Department of Environmental Protection. Discharge permits also require the implementation of a Spill Control Plan and/or Toxic Organic/Solvent Management Plan, the installation of pretreatment equipment and/or administrative controls and the submission of a variety of reporting and record keeping requirements. 

Pursuant to 40 C.F.R. 403.8(f)(2)(vii), Fla. Admin. Code R. 62-625.500 (2)(B)8. and §13(J) of Lee County Ordinance No. 12-03, the Lee County Utilities Division is required to publish annually a list of the industrial users identified as being in significant noncompliance of pretreatment standards and requirements during the preceding year. 

What is a Significant Noncompliance (SNC)?

As defined by §3(VV) of Lee County Ordinance No. 12-03, a significant noncompliance is as a major violation that meets one or more of the following criteria:

a.  Chronic violations  - 66% or more of all monitoring measurements taken during a 6 month period exceed the numeric pretreatment standard;

b. Technical Review Criteria (TRC) – 33% or more of monitoring measurements taken during a 6 month period equal or exceed the product of daily maximum or the average limit multiplied by the applicable TRC factor (TRC = 1.4 for BOD, TSS, Oil & Grease, and 1.2 for all other pollutants except pH).

c.  Interference or Pass through WWTP Processes - Any violation of a pretreatment standard or requirement that the Lee County Utilities Director determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of the Lee County personnel or the general public);

d.  A discharge that has caused or has the potential of imminent endangerment to human health, welfare or environment that has resulted in the Lee County's exercise of emergency authority to halt or prevent such a discharge;

e.  Failure to meet a compliance schedule milestone, within (90) days after the schedule date contained in a control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

f.   Failure to provide compliance required reports, within (45) 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;

g.  Failure to accurately report noncompliance; and

h.  Any other violation or group of violations, which the Lee County Utilities Director determines will adversely affect the operation or implementation of the pretreatment program, including a violation of best management practices, except when the Department is acting as the control authority.

Companies deemed to be in Significant Noncompliance are those industrial users who have violated any of the SNC criteria, during any six month period from October 2015 through December 2016, including:

1st Period from October 1, 2015 through March 30, 2016

2nd Period from January 1, 2016 through June 30, 2016

3rd Period from April 1, 2016 through September 30, 2016

4th Period from July 1, 2016 through December 3, 2016.

The company listed in this public notice violated one or more of the significant noncompliance criteria specified above.  Industrial Users must be diligent and assure compliance with all the terms specified in their discharge permit to ensure that the name of their company is not listed in this annual public notice.

Lee County Utilities recognizes that other industrial users located in the Lee County service were in compliance during 2016. 

The company name and these parameter(s) and/or the specific administrative deficiency for which a company was not in compliance are listed below:

Receiving LCU Treatment Plant:     Gateway WWTF

Company Name:                                Entertainment Metals, Inc.

Discharge Permit No.                        LCU-GW-2015-001

Significant Non Compliance Violations:

Violation                        SNC                   Periods Where     Enforcement         Current
Cited                             Criteria              Occurred             Action                    Status

Nickel Daily Max.          (b) TRC                  1st & 2nd            NOV                  In Compliance

Nickel Monthly Ave.     (b) TRC                   1st & 2nd            NOV                  In Compliance 

Incomplete TTO           (g) Reporting          1st, 2nd & 3rd     NOV                  In Compliance

For further information regarding the Lee County Industrial Pretreatment Program or this public notice please contact, Luis A. Méndez, E.I. at or at (239) 533-8571.