EPA v. CLINTON - MDC

Case summary

REPEATED & CONTINUING VIOLATIONS OF NPDES PERMITS BY POTW INCLUDING FAILURE TO COMPLY W/INTERIM EFFLUENT LIMITATIONS, FAILURE TO COMPLY W/ADVANCED TREATMENT CONSTRUCTION SCHEDULE REQUIREMENTS AND FAILURE TO SUBMIT AN APPROVABLE PRETREAT- MENT PROGRAM. INJUNCTIVE RELIEF ORDERIING NECESSARY STEPS TO COMPLY W/RE- QUIREMENTS OF THE CLEAN WATER ACT, INCLUDING IMPLEMENTATION OF A PLAN TO ACHIEVE INTERIM EFFLUENT LIMITS, INITIATION AND COMPLETION OF CONSTRUCTION OF ADVANCED TREATMENT FACILITIES, AND SUBMISSION OF AN APPROVABLE PRETREATMENT PROGRAM.CIVIL PENALTIES OF $50,000 TO $100,000. A QUESTION EXISTS UNDER STATE LAW WHETHER THE MDC, OR A SUCESSOR STATE AGENCY, THE MWRA, IS RESPONSIBLE FOR VIO- LATIONS DATING AFTER JULY 1, 1985 AND ANY REQUIRED RELIEF. AS A MATTER OF FEDERAL LAW, HOWEVER, IT SEEMS CLEAR THAT MDC REMAINS RESPONSIBLE. IT IS PROPOSED, HOWEVER, THAT MWRA WILL BE NAMED AS A DEFENDANT IN THE ALTERNATE.

Defendants (3)

• MASSACHUSETTS, COMMONWEALTH OFNamed in complaintNamed in settlement
• MDC - CLINTON, MA.Named in complaintNamed in settlement
• MWRA (IN THE ALTERNATE)Named in complaintNamed in settlement

Facilities (1)

• WATER WASTE TREATMENT PLANT

  100 FIRST AVE, CLINTON, MA, 01510

  Registry ID: 110010622371

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CLINTON-MDCentered 1988-08-23

  Primary law: CWA

  Federal penalty: $60,000

Timeline (9 milestones)

• 1986-06-02Enforcement Action Data Entered
• 1986-09-30Referred To Headquarters
• 1986-11-06Referred To Dept Of Justice
• 1987-02-12Referred TO U.S. Attorney
• 1987-03-05Complaint Filed With Court
• 1988-08-23Final Order Lodged
• 1988-08-23Final Order Entered
• 1988-08-23Concluded
• 1994-05-10Enforcement Action Closed