EPA v. SOUTH ESSEX SEWERAGE DT. WTP

Case summary

DESCRIPTION OF VIOLATION: SOUTH ESSEX SEWERAGE DISTRICT (SESD) OPERATES A WASTE- WATER TREATMENT FACILITY LOCATED IN SALEM, MASS. IN ADDITION TO SALEM, SESD SERVICES THE SURROUNDING MUNICIPALITIES OF BEVERLY, DANVERS, MARBLEHEAD, AND PEABODY. THE SEWAGE FROM THIS SERVICE AREA RESULTS IN THE PRODUCTION OF APPROX 250 WET TONS OF SLUDGE PER DAY. SINCE FEB 3, 1980, SESD HAS BEEN DISCHARGING THIS SLUDGE INTO SALEM SOUND ON THE OUTGOING TIDE. THIS PRACTICE RESULTS IN VIOLATIONS OF THE SEWERAGE DISTRICT'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT AND SUBJECTS SESD TO FEDERAL ENFORCEMENT AC- TION PURSUANT TO SECT.309 OF THE CLEAN WATER ACT, 33 U.S.C. SECT.1319. DESCRIPTION OF SOURCE: SESD'S WASTEWATER TREATMENT PLANT IS DESIGNED TO PROVIDE PRIMARY TREATMENT OF DOMESTIC, COMMERCIAL AND INDUSTRIAL WASTEWATER FOLLOWED BY INCINERATION OF THE RESULTING SLUDGE AND DISPOSAL OF THE INCINERATOR ASH. THE CURRENT VIOLATION OF THE CWA IS CAUSED BY SESD'S FAILURE TO OPERATE ITS SLUDGE INCINERATORS. THE INCINERATORS WERE SHUT DOWN ON FEB 3, 1980 DUE TO MECHANICAL DIFFICULTIES. IN ADDITION, ON JAN 23 '80, ONLY A FEW DAYS PRIOR TO SHUT DOWN, THE MASS. DEPT OF ENVIR- ONMENTAL QUALITY ENGINEERING (DEQE) DECLARED THE ASH PRO- DUCED IN SESD'S INCINERATORS A HAZARDOUS WASTE, BECAUSE HAZ- ARDOUS LEVELS OF HEXAVALENT CHROMIUM WERE DETECTED IN THE ASH LEACHATE. THE CHROMIUM PRESENT IN SESD'S ASH IS INTRO- DUCED INTO THE TREATMENT SYSTEM BY APPROX 18 LOCAL TANNERIES LOCATED WITHIN THE COLLECTION AREA. THE CHROMIUM INTRODUCED BY THE TANNERIES IS PREDOMINANTLY IN THE TRIVALENT STATE, WHICH IS NOT A HAZARDOUS WASTE (40 C.F.R. 261.4). HOWEVER, DURING THE SLUDGE INCINERATION PROCESS, TRIVALENT CHROMIUM IS CONVERTED INTO THE HEXAVALENT CHROMIUM WHICH MAKES THE ASH HAZARDOUS. WHEN SESD'S SEWAGE SLUDGE INCINERATORS WERE IN OPERATION THEY PRODUCED APPROX 20 TONS OF ASH DAILY. PRIOR TO DEQE'S DETERMINATION THAT THE ASH WAS HAZARDOUS, THE ASH WAS DIS- POSED OF INTO CONCRETE-LINED PITS BEHIND SESD'S PLANT. FOL- LOWING THE DEQE DETERMINATION, SESD CLAIMED THAT THERE WERE NO APPROVED HAZARDOUS WASTE DISPOSAL SITES AVAILABLE IN NEW ENGLAND, AND THAT ASH TRANSPORTATION COSTS TO AN ACCEPTABLE DISPOSAL SITE OUTSIDE NEW ENGLAND WERE PROHIBITIVELY EXPEN- SIVE. CONSEQUENTLY, SINCE FEB 3, 1980, SESD HAS NOT BEEN OP- ERATING ITS INCINERATORS AND HAS BEEN DISCHARGING SLUDGE INTO THE HARBOR.

Defendants (1)

• S. ESSEX SEWER DIST & COMM. OF MASS.Named in complaint

Facilities (2)

• SOUTH ESSEX SEWERAGE DIST WWTP

  50 FORT AVE, SALEM, MA, 01970

  Registry ID: 110000759812

• SOUTH ESSEX SEWERAGE DIST WWTP

  50 FORT AVE, SALEM, MA, 01970

  Registry ID: 110000759812

Statutes cited

• CWA 309 — Violation of Existing AO

Timeline (6 milestones)

• 1983-08-05Referred To Headquarters
• 1983-09-15Referred To Dept Of Justice
• 1983-09-16Referred TO U.S. Attorney
• 1983-09-22Complaint Filed With Court
• 1986-08-29Concluded
• 1986-08-29Enforcement Action Closed