Case 1:22-cv-00111-LM Document 1 Filed 04/04/22 Page 1 of 49
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`UNITED STATES DISTRICT COURT FOR THE
`DISTRICT OF NEW HAMPSHIRE
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`_______________________________________
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`CONSERVATION LAW FOUNDATION,
`INC.
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`Plaintiff,
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`v.
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`NYLON CORPORATION OF AMERICA,
`INC; and WEMBLY ENTERPRISES, LLC,
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`Defendants.
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`Case No.
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`COMPLAINT FOR DECLARATORY
`AND INJUNCTIVE RELIEF AND
`CIVIL PENALTIES
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`
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`INTRODUCTION
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`1.
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`This action is a citizen suit brought under Section 505 of the Federal Water Pollution
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`Control Act (“Clean Water Act” or “CWA,”), 33 U.S.C. § 1365(a), to address Clean Water Act
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`violations by Nylon Corporation of America, Inc. (“NYCOA”), and Wembly Enterprises, LLC
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`(“Wembly Enterprises”) (collectively, “Nylon,” or “Defendants”).
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`2.
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`Nylon is discharging pollutants into the Merrimack River in violation of its National
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`Pollutant Discharge Elimination System (“NPDES”) wastewater and stormwater permits.
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`Nylon’s discharge of pollutants into the Merrimack River degrades the river’s health and
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`diminishes the use and enjoyment of the river by CLF members.
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`3.
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`Nylon’s wastewater discharges have been subject to the 2008 and 2019 NPDES
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`individual wastewater permit No. NH0000116 (the “2008 Wastewater Permit” and the “2019
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`Wastewater Permit,” collectively, the “Wastewater Permits”). Nylon has discharged, and
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`continues to discharge, wastewater into waters of the United States in violation of the
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`Wastewater Permits by: (1) violating the Wastewater Permits’ effluent limitation and the State’s
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`Case 1:22-cv-00111-LM Document 1 Filed 04/04/22 Page 2 of 49
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`Certification requirement for pH; (2) violating the Wastewater Permits’ effluent limitation for
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`temperature; (3) contributing to the receiving waters’ failure to meet water quality standards, and
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`interfering with its assigned use; (4) violating the Wastewater Permits’ narrative effluent
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`limitations; and (5) failing to comply with monitoring and reporting requirements.
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`4.
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`Nylon’s stormwater discharges have been subject to the 2015 and 2021 Multi-Sector
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`General Permit for Stormwater Discharges Associated with Industrial Activity (the “2015
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`Stormwater Permit” and the “2021 Stormwater Permit,” collectively, the “Stormwater Permits”).
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`Nylon has discharged, and continues to discharge, stormwater associated with its industrial
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`activities into waters of the United States in violation of the Stormwater Permits by: (1) failing to
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`take required corrective actions; (2) failing to follow required procedures for minimizing
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`pollutant discharges; (3) contributing to the receiving waters’ failure to meet water quality
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`standards and their impairments; and (4) failing to comply with monitoring and reporting
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`requirements.
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`5.
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`Conservation Law Foundation (“CLF”) seeks declaratory judgment, injunctive relief, and
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`other relief with respect to the Facility’s violations of the Wastewater Permits, Stormwater
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`Permits, Section 301(a) of the Clean Water Act, 33 U.S.C. § 1311(a), and applicable regulations,
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`as well as the State’s Certification requirement pertaining to pH discharges.
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`JURISDICTION AND VENUE
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`6.
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`Plaintiff brings this civil suit under the citizen suit provision of Section 505 of the Clean
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`Water Act, 33 U.S.C. § 1365.
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`7.
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`This Court has subject matter jurisdiction over the parties and this action pursuant to
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`Section 505(a)(1) of the Clean Water Act, 33 U.S.C. § 1365(a)(1); 28 U.S.C. § 1331 (an action
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`arising under the Constitution and laws of the United States); and 28 U.S.C. §§ 2201 and 2202
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`Case 1:22-cv-00111-LM Document 1 Filed 04/04/22 Page 3 of 49
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`(declaratory judgment).
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`8.
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`On February 1, 2022, Plaintiff notified Nylon and its agents of its intention to file suit for
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`violations of the Clean Water Act, in compliance with the statutory notice requirements of
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`Section 505(b)(1)(A) of the Clean Water Act, 33 U.S.C. § 1365(b)(1)(A), and the corresponding
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`regulations located at 40 C.F.R. § 135.2. A true and accurate copy of Plaintiff’s Notice Letter
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`(“Notice Letter”) is attached as Exhibit 1. The Notice Letter is incorporated by reference herein.
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`9.
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`Each Defendant received the Notice Letter. A copy of a return receipt is attached as
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`Exhibit 2.
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`10.
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`Plaintiff also sent copies of the Notice Letter to the Administrator of the United States
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`Environmental Protection Agency (“EPA”), the Acting Regional Administrator of EPA Region
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`1, the Citizen Suit Coordinator, and the New Hampshire Department of Environmental Services
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`(“NH DES”).
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`11.
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`Each of the addressees identified in the preceding paragraph received the Notice Letter. A
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`copy of a return receipt is attached as Exhibit 3.
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`12. More than sixty days have elapsed since Plaintiff mailed its Notice Letter, during which
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`time neither EPA nor the State of New Hampshire has commenced an action to redress the
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`violations alleged in this Complaint. 33 U.S.C. § 1365(b)(1)(B).
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`13.
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`The Clean Water Act violations alleged in the Notice Letter are of a continuing nature,
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`ongoing, or reasonably likely to re-occur. The Defendants remain in violation of the Clean Water
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`Act.
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`14.
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`Venue is proper in the United States District Court for the District of New Hampshire
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`pursuant to Section 505(c)(1) of the Clean Water Act, 33 U.S.C. § 1365(c)(1), because the
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`sources of the violations are located within this judicial district.
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`Plaintiff
`Plaintiff, Conservation Law Foundation (“CLF”), is a nonprofit, member-supported,
`15.
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`PARTIES
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`regional environmental advocacy organization dedicated to protecting New England’s
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`environment.
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`16.
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`CLF has a long history of working to protect the health of New England’s water
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`resources, including addressing sources of wastewater and industrial stormwater pollution.
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`17.
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` CLF has over 6,300 members in New England. Members of CLF use and enjoy the
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`waters of New Hampshire, including the Merrimack River, for drinking water and for
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`recreational and aesthetic purposes, including but not limited to boating, swimming, fishing, and
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`observing wildlife.
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`18.
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` CLF members live and spend time near the Merrimack River. CLF members use and
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`enjoy the Merrimack River downstream from Defendants’ facility for recreational purposes,
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`including swimming, rowing, kayaking, birdwatching, and observing wildlife; as well as
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`aesthetic purposes.
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`19.
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`CLF members live in the Merrimack River Watershed and currently source their drinking
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`water from the Merrimack River.
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`20.
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`CLF members have been, and continue to be, directly and adversely affected by
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`discharges from Defendants’ Facility degrading water quality in the Merrimack River, in
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`violation of the Clean Water Act.
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`21.
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`CLF members are harmed by low-pH and high temperature wastewater discharge to the
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`Merrimack River from Defendants’ Facility, in violation of the Clean Water Act.
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`22.
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`CLF members are harmed by stormwater discharge of zinc and other pollutants to the
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`Merrimack River from Defendants’ Facility, in violation of the Clean Water Act.
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`23.
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`Nylon’s wastewater and stormwater discharges impair the recreational and aesthetic uses
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`of the Merrimack River by harming fish, birds, and other wildlife, contributing to unpleasant
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`scum, foam, and/or odor, increasing toxic pollution, and reducing the use and enjoyment of the
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`river by CLF members.
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`Defendants
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`24.
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`Defendant Nylon Corporation of America (“NYCOA”) is a corporation incorporated
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`under the laws of Delaware.
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`25.
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`Defendant Wembly Enterprises, LLC (“Wembly Enterprises”) is a corporation
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`incorporated under the laws of New Jersey.
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`26.
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`27.
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`28.
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`29.
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`Defendant Wembly Enterprises is the parent company of NYCOA.
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`Defendant Wembly Enterprises has control over its subsidiary NYCOA.
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`Defendant Wembly Enterprises is liable for the Clean Water Act violations of NYCOA.
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`Defendant Wembly Enterprises and its subsidiary NYCOA own and/or operate a nylon
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`production facility located at 333 Sundial Avenue in Manchester, New Hampshire, 03103 (the
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`“Facility”).
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`Defendant NYCOA has owned and/or operated the Facility since at least 1994.
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`Defendant Wembly Enterprises has owned and/or operated the Facility since at least
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`30.
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`31.
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`2013.
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`32.
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`Defendants Wembly Enterprises and NYCOA are responsible for ensuring that the
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`Facility operates in compliance with the Clean Water Act.
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`33.
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`Defendants Wembly Enterprises and NYCOA are both persons as defined by Section
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`502(5) of the Clean Water Act, 33 U.S.C. 1362(5).
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`STATUTORY AND REGULATORY BACKGROUND
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`The Clean Water Act
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`34.
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`The objective of the Clean Water Act is “to restore and maintain the chemical, physical
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`and biological integrity of the Nation’s waters.” 33 U.S.C. § 1251(a) (1972).
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`35.
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`The Clean Water Act prohibits the addition of any pollutant to navigable waters from any
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`point source except as authorized by a National Pollutant Discharge Elimination System
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`(“NPDES”) permit applicable to that point source. 33 U.S.C. §§ 1311(a) and 1342.
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`36.
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`Under the Clean Water Act’s implementing regulations, the “discharge of a pollutant” is
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`defined as “[a]ny addition of any ‘pollutant’ or combination of pollutants to ‘waters of the
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`United States’ from any ‘point source.’” 40 C.F.R. § 122.2. See also 33 U.S.C. § 1362(12).
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`37.
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`A “pollutant” is any “solid waste,” “chemical wastes, biological materials,” “wrecked or
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`discarded equipment, rock, sand,” and “industrial . . . waste” discharged into water. 33 U.S.C. §
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`1362(6).
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`38.
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` The Clean Water Act defines navigable waters as “the waters of the United States,
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`including the territorial seas.” 33 U.S.C. § 1362(7). “Waters of the United States” are defined by
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`EPA regulations to include, inter alia, all tributaries to interstate waters. See 40 C.F.R. § 122.2.
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`39.
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`“Point source” is defined broadly to include “any discernible, confined and discrete
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`conveyance, including but not limited to any pipe, ditch, channel, tunnel, [or] conduit . . . from
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`which pollutants are or may be discharged.” 33 U.S.C. § 1362(14).
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`40.
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`Section 402 of the CWA requires that NPDES permits be issued for wastewater
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`discharges. 33 U.S.C. § 1342.
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`41. Wastewater permits establish effluent and narrative limitations to control discharges of
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`pollutants to receiving waters.
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`42.
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`In order to discharge wastewater lawfully, dischargers must obtain coverage under a
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`wastewater permit and comply with its terms.
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`43.
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`Section 402 of the CWA requires that NPDES permits be issued for stormwater
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`discharges associated with industrial activities. 33 U.S.C. §§ 1342(a)(1), 1342(p)(2),
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`1342(p)(3)(A), 1342(p)(4), 1342(p)(6).
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`44.
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`In establishing the regulations at 40 C.F.R. § 122.26, EPA cited data showing the harmful
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`effects of stormwater runoff on rivers, streams, and coastal areas across the nation. Runoff from
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`industrial facilities contain elevated pollution levels. 55 Fed. Reg. 47990, 47991 (Nov. 16, 1990).
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`45.
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`In September 1995, EPA issued a NPDES Storm Water Multi-Sector General Permit for
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`Industrial Activities. EPA re-issued the Stormwater Permit on October 30, 2000, 65 Fed. Reg.
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`64746; on September 29, 2008, 73 Fed. Reg. 56572; on June 4, 2015 (the “2015 Stormwater
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`Permit”), 80 Fed. Reg. 34403; and on September 29, 2021 (the “2021 Stormwater Permit”), 86
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`Fed. Reg. 10269.
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`46.
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`Defendants’ Stormwater Permits were issued by EPA pursuant to Sections 402(a) and
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`402(p) of the CWA and regulates stormwater discharges from industrial facilities. 33 U.S.C. §§
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`1342(a), 1342(p).
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`47.
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`In order to discharge stormwater lawfully, Defendants were required to obtain coverage
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`under the Stormwater Permits and comply with their terms.
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`48.
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`Defendants were required to develop and implement a Stormwater Pollution Prevention
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`Plan (“SWPPP”) that identifies sources of pollutants associated with industrial discharges from
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`the Facility and that identifies effective Best Management Practices to control pollutants in
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`stormwater discharges in a manner that achieves the substantive requirements of the permit. 2015
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`Stormwater Permit § 2.1 at 14; 2021 Stormwater Permit § 2.1 at 18.
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`49.
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`The Stormwater Permits incorporate state water quality standards for all affected states.
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`2015 Stormwater Permit § 2.2.1 at 20; 2021 Stormwater Permit § 2.2.1 at 25.
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`50.
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`The Stormwater Permits require permittees to control stormwater discharges and to
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`modify their control measures “as necessary to meet applicable water quality standards of all
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`affected states.” 2015 Stormwater Permit § 2.1 at 14, § 2.2.1 at 20; 2021 Stormwater Permit §
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`2.2.1 at 25.
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`New Hampshire’s Surface Water Quality Regulations
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`51.
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`New Hampshire’s state surface water quality standards address the chemical, physical,
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`and biological integrity of surface waters; the protection and propagation of fish, shellfish, and
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`wildlife; and recreation. N.H. Code Admin. R. Env-Wq §§ 1703.01(b), (c); 1703.19 (2022).
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`52.
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`New Hampshire’s state surface water quality standards require that the pH of Class B
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`waters be between 6.5 and 8.0 standard units (“S.U.”), unless naturally occurring. Id. § 1703.18.
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`53.
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`New Hampshire’s state surface water quality standards address substances that settle as
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`harmful deposits; float as foam, debris, or scum; produce unnatural and unsuitable odor, color,
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`taste, or turbidity; or interfere with recreation. Id. § 1703.03(c)(1).
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`54.
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`New Hampshire state surface water quality standards require that Class B waters “shall
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`contain no oil or grease in such concentrations that would impair any existing or designated
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`uses.” Id. § 1703.09(b).
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`55.
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`New Hampshire state surface water quality standards do not allow Class B waters to
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`contain color in such concentrations that would impair any existing or designated uses, unless
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`naturally occurring. Id. § 1703.10(b).
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`56.
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`New Hampshire state surface water quality standards require that Class B waters “shall
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`contain no slicks, odors, or surface floating solids that would impair any existing or designated
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`use, unless naturally occurring.” Id. § 1703.12(b).
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`57.
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`New Hampshire state surface water quality standards require that “all surface waters shall
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`be free from toxic substances or chemical constituents in concentrations or combinations that:
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`(1) Injure or are inimical to plants, animals, humans or aquatic life; or
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`(2) Persist in the environment or accumulate in aquatic organisms to levels that result in
`harmful concentrations in:
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`a. Edible portions of fish, shellfish, other aquatic life, or
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`b. Wildlife that might consume aquatic life.
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`Id. § 1703.21(a).
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`Citizen Enforcement Suits Under the Clean Water Act
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`58.
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`The Clean Water Act authorizes citizen enforcement actions against any “person” who is
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`alleged to be in violation of an “effluent standard or limitation . . . or an order issued by the
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`Administrator or a State with respect to such a standard or limitation.” 33 U.S.C. § 1365(a)(1).
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`59.
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`An “effluent limitation” is “any restriction established by a State or the Administrator on
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`quantities, rates, and concentrations of chemical, physical, biological, and other constituents
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`which are discharged from point sources into navigable waters, the waters of the contiguous
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`zone, or the ocean, including schedules of compliance.” Id. § 1362(11).
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`60.
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`Such enforcement action under Section 505(a)(1) of the Clean Water Act includes an
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`action seeking remedies for unauthorized discharges under Section 301 of the Clean Water Act,
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`33 U.S.C § 1311, as well as for violations of a permit condition under Section 505(f), 33 U.S.C.
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`§ 1365(f).
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`61.
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`Each separate violation of the Clean Water Act subjects the violator to a penalty of up to
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`the maximum amount allowed pursuant to Sections 309(d) and 505(a) of the Clean Water Act,
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`33 U.S.C. §§ 1319(d), 1365(a). See also 40 C.F.R. §§ 19.1-19.4.
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`FACTUAL BACKGROUND
`The Facility’s Wastewater Permits
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`62.
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`The Facility discharges cooling wastewater from heat exchangers and vacuum pumps
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`through Outfall Serial Number 004 to the Merrimack River.
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`63.
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`The Facility discharges backwash wastewater from the Facility’s intake water strainer
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`through Outfall Serial Number 007 to the Merrimack River.
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`64.
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`On September 23, 2008, EPA issued Nylon NPDES permit No. NH0000116 for its
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`cooling and backwash wastewater discharges. Nylon was required to comply with the
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`requirements of the 2008 Wastewater Permit from at least October 1, 2008 until August 1, 2019.
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`65.
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`On May 21, 2013, Nylon filed an application for permit reissuance with EPA. On August
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`1, 2019, EPA renewed Nylon’s Wastewater Permit. Nylon has been required to comply with the
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`requirements of the 2019 Wastewater Permit since August 1, 2019.
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`
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`Nylon’s Numeric Effluent Limitations Under the Wastewater Permits
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`66.
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`The Wastewater Permits place limits on the quantity and concentration of pollutants that
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`Nylon is legally permitted to discharge into the Merrimack River through Outfalls 004 and 007
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`by setting effluent limitations for pH and temperature.
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`67.
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`The 2008 Wastewater Permit requires that the pH level of the Facility’s effluent be
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`between 6.5 to 8.0 standard units, unless the upstream ambient pH in the receiving water is
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`outside of this range and it is not altered by the Facility’s discharge or activities. If the Facility’s
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`discharge pH is lower than 6.5 standard units, the Facility may demonstrate compliance by
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`showing that the discharge pH is either higher than, or no more than 0.5 standard units lower
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`than, the ambient upstream receiving water pH. 2008 Wastewater Permit at 2, 3, 4, 7.
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`68.
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`The 2019 Wastewater Permit requires that effluent discharged from the Facility have a
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`pH level within a specified range of 6.5 to 8.0 standard units, unless the range should be widened
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`due to naturally occurring conditions in the receiving water; or the naturally occurring receiving
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`water pH is not significantly altered by the Facility’s discharge. In no case shall the pH limits be
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`outside the range of 6.0 to 9.0 standard units. 2019 Wastewater Permit at 2, 5, 13.
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`69.
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`The effluent limitations for pH are also a State Certification requirement pursuant to
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`Section 401 of the CWA. 2008 Wastewater Permit at 4.
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`70.
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`The Wastewater Permits require that effluent discharged from the Facility not exceed a
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`maximum daily temperature of 83 degrees Fahrenheit. 2008 Wastewater Permit at 2-3; 2019
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`Wastewater Permit at 2, 5.
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`Nylon’s Narrative Effluent Limitations Under the Wastewater Permits
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`71.
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`The Wastewater Permits require that Nylon’s discharges “not cause a violation of the
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`water quality standards of the receiving water.” 2008 Wastewater Permit at 4; 2019 Wastewater
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`Permit at 8.
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`72.
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`The 2019 Wastewater Permit prohibits Nylon from discharging waste “unless it has been
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`treated in such manner as will not lower the legislated water quality classification or interfere
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`with the uses assigned to said water by the New Hampshire Legislature (RSA 485-A:12).” 2019
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`Wastewater Permit at 13.
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`73.
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`The 2008 Wastewater Permit requires that Nylon’s wastewater discharges “remain free
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`from pollutants which produce odor, color, taste or turbidity in the receiving waters which is not
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`naturally occurring and would render it unsuitable for its designated uses.” 2008 Wastewater
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`Permit at 4.
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`74.
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`The 2019 Wastewater Permit requires that Nylon’s wastewater discharge “remain free
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`from substances in kind or quality that produce odor, color, taste or turbidity that is not naturally
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`occurring and would render the surface water unsuitable for its designated uses; result in the
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`dominance of nuisance species; or interfere with recreational activities.” 2019 Wastewater
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`Permit at 8.
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`75.
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`The 2019 Wastewater Permit requires that Nylon’s wastewater discharge “not result in oil
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`and grease, color, slicks, odors, or surface floating solids that would impair any existing or
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`designated receiving water uses.” 2019 Wastewater Permit at 8.
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`76.
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`The 2008 Wastewater Permit prohibits the “discharge into receiving waters of any
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`pollutant or combination of pollutants in toxic amounts.” 2008 Wastewater Permit at 4.
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`77.
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`The 2019 Wastewater Permit prohibits discharges that “result in toxic substances or
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`chemical constituents in concentrations or combinations in the receiving water that injure or are
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`inimical to plants, animals, humans, or aquatic life.” 2019 Wastewater Permit at 8.
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`78.
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`The 2019 Wastewater Permit prohibits discharges that “persist in the environment or
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`accumulate in aquatic organisms to levels that result in harmful concentrations in edible portions
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`of fish, shellfish, other aquatic life, or wildlife that might consume aquatic life.” 2019
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`Wastewater Permit at 8.
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`Nylon’s Monitoring and Reporting Requirements Under the Wastewater Permits
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`79.
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`The 2019 Wastewater Permit requires Nylon to monitor the maximum daily residual
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`chlorine from Outfall 004 once per week with a grab sample and report the results to EPA
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`quarterly. 2019 Wastewater Permit at 2, 5.
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`80.
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`The 2019 Wastewater Permit requires Nylon to report any noncompliance which may
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`endanger health or the environment verbally within 24 hours from the time it becomes aware of
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`the circumstances. 2019 Wastewater Permit at 9-10.
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`81.
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`The 2019 Wastewater Permit requires Nylon to submit a written report to EPA detailing
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`any noncompliance which may endanger health or the environment within 5 days. 2019
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`Wastewater Permit at 9-10.
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`82.
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`Nylon is required to submit discharge monitoring reports to EPA by the 15th day of each
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`month using EPA’s electronic NetDMR tool. 2008 Wastewater Permit at 6; 2019 Wastewater
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`Permit Fact Sheet at 10.
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`The Facility’s Stormwater Permits
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`83.
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`84.
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`The Facility discharges stormwater associated with industrial activity.
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`Nylon’s activities include those which are classified by the Stormwater Permits as
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`subsector C4: Plastics, Synthetics, and Resins. 2015 Stormwater Permit § 8.C.3 at 58-60; 2021
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`Stormwater Permit § 8.C.4 at 78-79.
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`85.
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`Nylon’s activities include the manufacturing of polyamide-type synthetic resin (Nylon 6,
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`6-6, and copolymers), produced in a pelletized form for use in transportation, packaging,
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`electrical, and aerospace applications per § 8.C.3 of the 2015 Stormwater Permit and § 8.C.4 of
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`the 2021 Stormwater Permit. 2015 Stormwater Permit at 59; 2021 Stormwater Permit at 79.
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`86.
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`Nylon was required to comply with the requirements of the 2015 Stormwater Permit from
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`at least October 2015 until around July 1, 2021.
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`87.
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`Nylon submitted its Notices of Intent for Stormwater Discharges Associated with
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`Industrial Activity Under the [2021] NPDES Multi-Sector General Permit for the Facility on
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`May 27, 2021.
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`88.
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`Nylon is required to comply with the requirements of the 2021 Stormwater Permit and
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`has been required to comply with the requirements of the 2021 Stormwater Permit since around
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`July 1, 2021.
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`Nylon’s Pollutant Control Requirements Under the Stormwater Permits
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`89.
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`The Stormwater Permits require Nylon to “select, design, install, and implement control
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`measures (including best management practices) to minimize pollutant discharges [and] that
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`address the selection and design considerations in Part 2.1.1, meet the non-numeric effluent
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`limits in Part 2.1.2, . . . and meet the water quality-based effluent limitations in Part 2.2.” 2015
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`Stormwater Permit § 2.1 at 14; 2021 Stormwater Permit § 2.1 at 18.
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`90.
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`The Stormwater Permits require Nylon to “minimize the exposure of manufacturing,
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`processing, and material storage areas (including loading and unloading, storage, disposal,
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`cleaning, maintenance, and fueling operations) to rain, snow, snowmelt and runoff by either
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`locating these industrial materials and activities inside or protecting them with storm resistant
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`coverings.” 2015 Stormwater Permit § 2.1.2.1 at 15; 2021 Stormwater Permit § 2.1.2.1 at 20.
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`91.
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`The Stormwater Permits require Nylon to “keep clean all exposed areas that are potential
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`sources of pollutants” and “perform good housekeeping measures in order to minimize pollutant
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`discharges.” 2015 Stormwater Permit § 2.1.2.2 at 15-16; 2021 Stormwater Permit § 2.1.2.2 at 20-
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`21.
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`92.
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`The Stormwater Permits require Nylon to “[s]weep or vacuum at regular intervals or,
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`alternatively, wash down the area and collect and/or treat, and properly dispose of the washdown
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`water.” Id.
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`93.
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`The Stormwater Permits require Nylon to “[m]inimize the potential for waste, garbage
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`and floatable debris to be discharged by keeping exposed areas free of such materials, or by
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`intercepting them before they are discharged.” 2015 Stormwater Permit § 2.1.2.2 at 16; 2021
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`Stormwater Permit § 2.1.2.2 at 21.
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`94.
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`The Stormwater Permits require Nylon to “maintain all control measures that are used to
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`achieve the effluent limits in this permit in effective operating condition, as well as all industrial
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`equipment and systems, in order to minimize pollutant discharges.” 2015 Stormwater Permit §
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`2.1.2.3 at 16-17; 2021 Stormwater Permit § 2.1.2.3 at 21-22.
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`95.
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`The Stormwater Permits require Nylon to “perform[] inspections and preventative
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`maintenance of stormwater drainage, source controls, treatment systems, and plant equipment
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`and systems that could fail and result in discharges of pollutants via stormwater.” Id.
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`96.
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`The Stormwater Permits require Nylon to “clean[] catch basins when the depth of debris
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`reaches two-thirds (2/3) of the sump depth . . . and keep[] the debris surface at least six inches
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`below the lowest outlet pipe.” Id.
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`97.
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`The Stormwater Permits require that if Nylon “find[s] that [its] control measures need
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`routine maintenance, [it] must conduct the necessary maintenance immediately in order to
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`minimize pollutant discharges.” Id. If Nylon “find[s] that [its] control measures need to be
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`repaired or replaced, [it] must immediately take all reasonable steps to prevent or minimize the
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`discharge of pollutants until the final repair or replacement is implemented.” Id.
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`98.
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`The Stormwater Permits require Nylon to “minimize the potential for leaks, spills, and
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`other releases that may be exposed to stormwater and develop plans for effective response to
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`such spills if or when they occur in order to minimize pollutant discharges. [It] must conduct
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`spill prevention and response measures,” including measures listed in § 2.1.2.4 of the
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`Stormwater Permits. 2015 Stormwater Permit § 2.1.2.4 at 17; 2021 Stormwater Permit § 2.1.2.4
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`at 22-23.
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`99.
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`The Stormwater Permits require Nylon to minimize erosion and discharge of sediment.
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`2015 Stormwater Permit § 2.1.2.5 at 17-18; 2021 Stormwater Permit § 2.1.2.5 at 23.
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`100. The Stormwater Permits require Nylon to “divert, infiltrate, reuse, contain, or otherwise
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`reduce stormwater runoff to minimize pollutants in [its] discharges.” 2015 Stormwater Permit §
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`2.1.2.6 at 18; 2021 Stormwater Permit § 2.1.2.6 at 23.
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`101. The Stormwater Permits require Nylon to “evaluate for the presence of non-stormwater
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`discharges. . . If not covered under a separate NPDES permit, wastewater, wash water and any
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`other unauthorized non-stormwater must be discharged to a sanitary sewer in accordance with
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`applicable industrial pretreatment requirements, or otherwise disposed of appropriately.” 2015
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`Stormwater Permit § 2.1.2.9 at 19; 2021 Stormwater Permit § 2.1.2.9 at 24.
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`102. The Stormwater Permits require Nylon to “minimize generation of dust and off-site
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`tracking of raw, final, or waste materials in order to minimize pollutants discharged via
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`stormwater.” 2015 Stormwater Permit § 2.1.2.10 at 19; 2021 Stormwater Permit § 2.1.2.10 at 24.
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`103. The Stormwater Permits require Nylon to conduct routine facility inspections “of areas of
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`the facility covered by the requirements in the [Stormwater Permits]” at least quarterly. 2015
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`Stormwater Permit § 3.1 at 22-24; 2021 Stormwater Permit § 3.1 at 27-29.
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`104. The Stormwater Permits require that “[d]uring an inspection occurring during a
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`stormwater event or discharge, control measures implemented to comply with effluent limits
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`must be observed to ensure they are functioning correctly.” Id.
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`Nylon’s Monitoring and Reporting Requirements Under the Stormwater Permits
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`105. The Stormwater Permits require Nylon “to collect and analyze stormwater samples”
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`during “a storm event that results in an actual discharge from [the] site . . . . at least once in each
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`of the following 3-month intervals: January 1 – March 31; April 1– June 30; July 1– September
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`30; October 1– December 31.” 2015 Stormwater Permit § 6, § 6.1.3, § 6.1.7 at 39-40; 2021
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`Stormwater Permit § 4, § 4.1.3, § 4.1.7 at 31-33.
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`106. The Stormwater Permits require Nylon to conduct quarterly benchmark monitoring for
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`zinc. 2015 Stormwater Permit § 6.2 at 40-41, § 8.C.3 at 58-59; 2021 Stormwater Permit § 4.2 at
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`33-35, § 8.C.4 at 78-79.
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`107.
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`“When adverse weather conditions [such as flooding, high winds, electrical storms, or
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`extended frozen conditions] prevent the collection of stormwater discharge samples according to
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`the relevant [benchmark or impaired waters] monitoring schedule, [Nylon] must take a substitute
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`sample during the next qualifying storm event.” 2015 Stormwater Permit § 6.1.5 at 39-40; 2021
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`Stormwater Permit § 4.1.5 at 33.
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`108. Once each quarter for the entire Stormwater Permit term, Nylon must collect a
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`stormwater sample from each outfall and conduct a visual assessment of each of these samples.
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`2015 Stormwater Permit § 3.2.1 at 24; 2021 Stormwater Permit § 3.2.1 at 29. Nylon “must
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`visually inspect or observe the sample for the following water quality characteristics: color; odor;
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`clarity (diminished); floating solids; settled solids; suspended solids; foam; oil sheen; and other
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`obvious indicators of stormwater pollution.” Id.; 2021 Stormwater Permit § 3.2.2.4 at 29-30.
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`109.
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`“When adverse weather conditions prevent the collection of stormwater discharge
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`sample(s) during the quarter [for visual assessment], [Nylon] must take a substitute sample
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`during the next qualifying storm event. Documentation of the rationale for no visual assessment
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`for the quarter must be included with [Nylon’s] SWPPP records.” 2015 Stormwater Permit §
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`3.2.3 at 25; 2021 Stormwater Permit § 3.2.4.1 at 30.
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`110. The Facility is “considered to discharge to an impaired water if the first water of the U.S.
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`to which [it] discharges is identified by a state, tribe, or EPA pursuant to section 303(d) of the
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`CWA as not meeting an applicable water quality standard . . .” 2015 Stormwater Permit § 6.2.4
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`at 45; 2021 Stormwater Permit § 4.2.5 at 42.
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`111. The 2015 Stormwater Permit requires Nylon to “monitor all pollutants for which the
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`waterbody is impaired and for which a standard analytical method exists . . . once per year at
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`each outfall (except substantially identical outfalls) discharging stormwater to impaired waters
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`without an EPA-approved or established TMDL [Total Maximum Daily Load].” The Stormwater
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`Permits identify such monitoring as “impaired waters monitoring.” 2015 Stormwater Permit §
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`6.2.4.1 at 45; 2021 Stormwater Permit § 4.2.5 at 42.
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`112. The