EPA v. SWAMPSCOTT, TOWN OF

Case summary

THE TOWN OF SWAMPSCOOT HAS VIOLATED THE TERMS AND CONDITIONS OF ITS 1978 NPDES PERMIT IN THAT IT HAS INTERMITTENTLY VIO- LATED EFFLUENT LIMITATIONS BASED ON PRIMARY TREATMENT, CON- SISTENTLY VIOLATED EFFLUENT LIMITATIONS BASED ON SECONDARY TREATMENT, FAILED TO COMPLY W/THE SCHEDULE SET FORTH IN THE PERMIT FOR THE PLANNING AND CONSTRUCTION OF SECONDARY TREAT- MENT FACILITIES, AND VIOLATED MASS. SURFACE WATER QUALITY STANDARDS. IN DEC., 1984, THE REGION ISSUED AND ADMIN. OR- DER BASED ON SWAMPSCOTT'S VIOLATIONS OF THE PRIMARY TREAT- MENT EFFLUENT LIMITATIONS CONTAINED IN THE TOWN'S PERMIT. SWAMPSCOTT COMPLIED W/THE ORDER. ON JULY 20, 1987, THE REG- ION DENIED SWAMPSCOTT'S REQUEST FOR A WAIVER FROM THE SEC- ONDARY TREATMENT REQUIREMENT OF THE CWA. THE REGION DENIED THE TOWN'S APPLICATION BECAUSE THE COMMONWEALTH OF MASS HAS DETERMINED THAT A WAIVER FROM SECONDARY TREATMENT WOULD BE INCONSISTENT W/THE REGULATIONS OF THE MASS COASTAL ZONE MGMT PROGRAM. SWAMPSCOTT HAS APPEALED THE COMMONWEALTH'S DETER- MINATION. THE REGION RECENTLY REQUESTED THAT SWAMPSCOTT PROVIDE CERTAIN INFO. REGARDING THE EXISTENCE AND NATURE OF COMBINED SEWER OVERFLOWS IN THE TOWN. SWAMPSCOTT IS LIKELY TO ATTEMPT TO USE A 1981 LETTER FROM JEFFREY MILLER, EPA, TO THE SWAMPSCOTT SUPERINTENDANT FOR PUBLIC WORKS BOTH AS A DE- FENSE TO LIABILITY AND AS A MITIGATING FACTOR IN THE ASSESS- MENT OF ANY PENALTY. THE LETTER CONTAINS STATEMENTS TO THE EFFECT THAT SWAMPSCOTT WAS NOT REQUIRED TO INSTALL SECONDARY TREATMENT PENDING EPA'S REVIEW OF THE TOWN'S SECT 301(H) AP- PLICATION. THE REGION PROPOSES TO RESPOND TO THIS ARGUMENT BY RELYING ON THE WELL ESTABLISHED DOCTRINE THAT WAIVER RE- QUESTS FROM GENERALLY APPLICABLE ENVIRONMENTAL STATUTES AND REGULATIONS ARE TAKEN ON THE POLLUTER'S TIME, NOT THE PUBLIC'S.

Defendants (1)

• SWAMPSCOTT, TOWN OFNamed in complaintNamed in settlement

Facilities (1)

• SWAMPSCOTT WPCP

  531 HUMPHREY AVE, SWAMPSCOTT, MA, 01907

  Registry ID: 110010639880

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• SWAMPSCOTT, TOWN OFentered 1989-10-26

  Primary law: CWA

  Federal penalty: $13,500

Timeline (7 milestones)

• 1987-09-29Enforcement Action Data Entered
• 1987-09-29Referred To Headquarters
• 1987-11-23Referred To Dept Of Justice
• 1988-05-05Complaint Filed With Court
• 1989-10-26Final Order Lodged
• 1989-10-26Final Order Entered
• 1989-10-26Concluded