EPA v. METRO DISTR COMM OF BOSTON

Case summary

THIS IS A CIVIL ACTION AGAINST THE MDC, FOR VIOLATION OF SEC. 301(A) OF THE ACT. DEFENDANT IS AN AGENCY OF THE COMMONWEALTH OF MASSACHUSETTS, CREATED BY STATUTE. DEFEN- DANT'S STATUTORY RESPONSIBILITIES INCLUDE THE OPERATION AND MAINTENANCE OF THE BOSTON SEWAGE TREATMENT AND DISPOSAL SYS- TEM. THE COMPLAINT REQUESTS INJUNCTIVE RELIEF AS WELL AS CIVIL PENALTIES FOR PAST VIOLATIONS. THE REGION PROPOSES A REQUEST FOR INJUNCTIVE RELIEF TO REQUIRE DEFENDANT TO COMPLY WITH SPECIAL CONDITION C2 OF ITS NPDES PERMIT--MONITORING AND RECORDING REQUIREMENTS FOR THE NUT ISLAND TREATMENT PLANT, QUINCY, MASSACHUSETTS--AND CIVIL PENALTIES FOR PAST NON-COMPLIANCE. THE MDC'S NPDES PERMIT WAS ISSUED JOINTLY BY EPA AND THE STATE IN 1976. REGION I ISSUED AN ADMINISTRATIVE ORDER TO THE MDC ON AUGUST 8, 1980, REQUIRING INTERIM LIMITATIONS. ON JULY 1, 1982, THE REGION ISSUED A SECOND ADMINISTRATIVE ORDER TO THE MDC REQUIRING OPERATION AND MAINTENANCE IM- PROVEMENTS. THE MONITORING REPORTS FOR SEPTEMBER 1982 THROUGH JANU- ARY 1983 WERE NOT SUBMITTED TO EPA UNTIL MARCH 7, 1983. SINCE THE MDC HAS HISTORICALLY BEEN LATE IN SUBMITTING THESE REPORTS, THE REGION DID NOT AT FIRST REALIZE THAT THERE WAS A MORE SERIOUS PROBLEM. HOWEVER, MDC PERSONNEL WERE CON- TACTED ON NUMEROUS OCCASIONS (INCLUDING DURING THE WEEKS OF NOVEMBER 22, 1982, DECEMBER 27, 1982, JANUARY 3 & 10, 1983, AND FEBRUARY 7, 21, & 27, 1983) ABOUT THE DELAY IN MAKING THE SUBMISSIONS. DURING THESE CONVERSATIONS THE MDC PERSON- NEL STATED THAT THERE WAS A STAFFING PROBLEM DELAYING THE PREPARATION OF THE REPORTS, BUT FAILED TO REVEAL THAT THE MONITORING ITSELF WAS NOT BEING DONE. ON MARCH 16, 1983, A MEMBER OF THE REGION I TECHNICAL ASSISTANCE SECTION INSPECTED THE NUT ISLAND FACILITY. REGIONAL STAFF CONDUCTED A SECOND INSPECTION OF THE FACILITY ON MARCH 29, 1983.

Defendants (1)

• METRO DIST COMM OF BOSTONNamed in complaintNamed in settlement

Facilities (1)

• MA WWTP NUT ISLAND COMM OF

  147 SEA AVE, QUINCY, MA, 02169

  Registry ID: 110002061786

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• METRO DISTR COMM OF BOSTONentered 1984-03-20

  Primary law: CWA

  Federal penalty: $15,000

Timeline (8 milestones)

• 1983-04-19Referred To Headquarters
• 1983-05-16Referred To Dept Of Justice
• 1983-05-25Referred TO U.S. Attorney
• 1983-06-03Complaint Filed With Court
• 1984-03-20Final Order Lodged
• 1984-03-20Final Order Entered
• 1984-03-20Concluded
• 1984-03-20Enforcement Action Closed