EPA v. PROVIDENCE (MUN); CIC

Case summary

THE CITY OF PROVIDENCE DISCHARGES APPROXIMATELY 60 MILLION GALLONS OF WASTEWATER PER DAY, CONTAINING POLLUTANTS FROM ITS SECONDARY SEWER TREATMENT PLANT AT FIELDS POINT, PROVI- DENCE, RHODE ISLAND. THE CITY ALSO DISCHARGES WASTEWATER CONTAINING POLLUTANTS FROM 55 COMBINED SEWER OVERFLOWS TO THE PROVIDENCE, SEEKONK, MOSHASSUCK, WEST, AND WOONASQUATUCKET RIVERS. ON DECEMBER 5, 1974, EPA ISSUED TO THE CITY OF PROVIDENCE MPDES PERMIT NO. RI0100315 (THE PERMIT ), WHICH AUTHORIZES THE CITY TO DISCHARGE POLLUTANTS FROM THE PROVIDENCE WASTE- WATER TREATMENT PLANT (THE WTP ) INTO THE PROVIDENCE RIVER AT PROVIDENCE IN ACCORDANCE WITH THE EFFLUENT LIMITATIONS, MONITORING REQUIREMENTS, AND OTHER CONDITIONS SET FORTH THERIN UNTIL JUNE 30, 1977. SINCE JANUARTY 1976, THE CITY HAS FAILED TO COMPLY WITH SPECIAL CONDITION C (MONITORING & REPORTING) AND SPECIAL CONDITION A(1) (EFFLUENT LIMITS) OF THE PERMIT. THESE FAILURES INCLUDE: 1. MONTHLY MONITORING REPORTS WERE NOT SUBMITTED FOR THE MONTHS OF JANUARY AND FEBRUARY, 1977. 2. MONTHLY MONITORING REPORTS FOR SEPTEMBER, OCTOBER, NOVEMBER, AND DECEMBER, 1976 WERE ALL SUBMITTED LATE--- ON JANUARY 25, 1977. 3. THE DATA IN THE MONTHLY MONITORING REPORTS FOR EACH AND EVERY MONTH FROM JANUARY, 1976 THRU SEPTEMBER, 1976 WAS INCOMPLETE AS TO ONE OR MORE PARAMETERS (SEE ITEM 8 OF THE COMPLAINT). 4. ONE OR MORE OF THE EFFLUENT LIMITATIONS CONTAINED IN SPECIAL CONDITION A(1) OF THE PERMIT WAS EXCEEDED IN EACH OF THE MONTHLY REPORTS SUBMITTED FROM JANUARY 1976 THROUGH DECEMBER 1976. (SEE ITEM 9 OF THE COMPLAINT). AS A RESULT OF THE CITY'S FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THE PERMIT, THE REGIONAL ADMINISTRATOR OF EPA ISSUED AN ORDER ON AUGUST 19, 1976, REQUIRING THAT THE CITY COMPLETE WHATEVER STEPS NECESSARY TO MEET ALL EFFLUENT LIMITATIONS IN SPECIAL CONDITION A(1) AND THAT ALL FUTURE MONITORING REPORTS SUBMITTED BE IN COMPLIANCE WITH SPECIAL CONDITION C OF THE PERMIT WITHIN THIRTY (30) DAYS OF RECEIPT OF THE ORDER. THE CITY HAS FAILED TO COMPLY WITH THE TERMS OF THE ORDER, RECEIVED ON AUGUST 23, 1976.

Defendants (1)

• PROVIDENCE, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• NBC FIELDS POINT

  2 ERNEST STREET, PROVIDENCE, RI, 02905

  Registry ID: 110000760757

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• PROVIDENCE (MUN); CICentered 1984-06-08

  Primary law: CWA

  Federal penalty: $250,000

Timeline (7 milestones)

• 1980-01-01Referred To Headquarters
• 1980-05-10Referred To Dept Of Justice
• 1980-05-10Referred TO U.S. Attorney
• 1980-10-27Complaint Filed With Court
• 1984-06-08Final Order Lodged
• 1984-06-08Final Order Entered
• 1984-06-08Concluded