EPA v. LOWELL, CITY OF, ET AL.

Case summary

THE CITY OF LOWELL IS IN VIOLATION OF ITS CURRENT NPDES PER- MIT AND ITS PREVIOUS PERMIT IN THE FOLLOWING RESPECTS: EFFLUENT LIMITATION VIOLATIONS - SINCE MAY, 1984, THE CITY OF LOWELL HAS FREQUENTLY VIOLATED THE EFFLUENT LIMITATIONS FOR TOTAL SUSPENDED SOLIDS (TSS) AND BIOCHEMICAL OXYGEN DE- MAND (BOD). THEY HAVE OCCASIONALLY VIOLATED EFFLUENT LIMIT- ATIONS FOR SETTLEABLE SOLIDS AND MAXIMUM FECAL COLIFORM; OPERATION, MAINTENANCE, AND STAFFING VIOLATIONS - 2 OF 4 IN- FLUENT SCREW PUMPS, 3 OF 4 MECHANICAL AERATORS, 1 OF 3 SLUDGE THICKENERS, AND 1 OF 2 ZIMPRO SLUDGE TREATMENT UNITS WERE FOUND TO BE INOPERABLE AT AN INSPECTION BY EPA ON MAY 23, 1986. SIMILAR PROBLEMS FOUND AT INSPECTION IN FEB, 1985 IN ADDITION, THE FACILITY SUFFERS FROM HIGH STAFF TURNOVER AND A LACK OF SUPERVISORY CONTROL; BYPASS VIOLATIONS - THE CITY CONSISTENTLY BYPASSES WASTEWATER DURING STORM EVENTS AT FLOWS SIGNIFICANTLY BELOW THE DESIGN CAPACITY OF THE PLANT. THE BYPASSED FLOW IS DIVERTED INTO THE MERRIMACK RIVER. 22 ADMITTED BYPASSES HAVE OCCURRED OVER THE PAST 2 YEARS;PRE- TREATMENT VIOLATIONS - THE CITY HAS FAILED TO SUBMIT AN AP- PROVABLE PRETREATMENT PROGRAM TO EPA.

Defendants (1)

• LOWELL, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• LOWELL TOWN OF WWTP

  451 FIRST STREET, LOWELL, MA, 01850

  Registry ID: 110024329289

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• LOWELL, CITY OFentered 1988-11-10

  Primary law: CWA

  Federal penalty: $90,000

Timeline (7 milestones)

• 1986-06-23Enforcement Action Data Entered
• 1986-06-23Referred To Headquarters
• 1986-08-01Referred To Dept Of Justice
• 1987-03-23Complaint Filed With Court
• 1988-11-10Final Order Lodged
• 1988-11-10Final Order Entered
• 1988-11-10Concluded