EPA v. PLYMOUTH WATER & SEWER DISTRICT, PLYMOUTH, NEW HAMPSHIRE

Case summary

THE PLYMOUTH WATER AND SEWAGE DISTRICT IN PLYMOUTH, NEW HAMPSHIRE, HAS BEEN ISSUED THREE NATIONAL POLLUTANT DIS- CHARGE ELIMINATION SYSTEM PERMITS BY EPA. THE FIRST PERMIT WAS ISSUED ON 10/19/74, AND THE SECOND ON 05/31/77. PLYMOUTH'S CURRENT PERMIT WAS ISSUED ON 09/17/84 AND WILL EXPIRE ON 09/17/89. THE LATTER TWO PERMITS REQUIRED PLYMOUTH TO ACHIEVE SECONDARY TREATMENT BY 07/01/77. PLYMOUTH'S PRESENT WASTEWATER SYSTEM CONSISTS OF A PRIMARY TREATMENT PLANT. AS A RESULT, THIS COMMUNITY HAS CONTINUOUS- LY VIOLATED EFFLUENT LIMITATIONS SINCE 07/01/77. THEREFORE, THIS CASE IS BEING ADDRESSED AS PART OF EPA'S NATIONAL MUNICIAL POLICY EFFORT. IN SEPTEMBER 1986, EPA ISSUED AN ADMINISTRATIVE ORDER TO PLYMOUTH. THE ORDER WAS BASED UPON PLYMOUTH'S INABILITY TO MEET THE EFFLUENT LIMITATIONS IN ITS PERMIT. THE ORDER CON- TAINED INTERIM EFFLUENT LIMITATIONS AND A CONSTRUCTION SCHEDULE REQUIRING COMPLETION OF CONSTRUCTION AND PERMIT COMPLIANCE BY 07/01/88. BECAUSE OF PROBLEMS ENCOUNTERED IN FINANCING THE TREATMENT PLANT ( THE IMPROVEMENTS WERE TO BE FINANCED PRIVATELY), PLYMOUTH FAILED TO MEET THE MILESTONE DATES IN THE ORDER. ON 03/24/88, A MEETING WAS HELD WITH REPRESENTATIVES OF THE TOWN. AT THAT TIME, EPA WAS TOLD THAT FINANCING FOR THE PLANT HAD RECENTLY BEEN APPROVED BY THE STATE OF NEW HAMPSHIRE UNDER SPECIAL LEGISLATION AND THAT PLYMOUTH WAS READY TO MOVE FORWARD TO ECPEDITIOUSLY ACHIEVE COMPLIANCE WITH ITS PERMIT. BECAUSE COMPLIANCE WOULD NOT BE ACHIEVED BY 07/01/88, PLYMOUTH WAS TOLD THAT THE REGION WOULD RECOMMEND THAT A CIVIL SUIT BE FILED TO ADDRESS PLYMOUTH'S ADDRESS VIOLATIONS. THE GENERAL PARAMETERS OF A SETTLEMENT (I.E., CIVIL PENALTY, EXPEDITIOUS CONSTRUCTION SCHEDULE, STIPULATED PENALTIES, ETC.) WERE EXPLAINED TO PLYMOUTH. AT THE CLOSE OF OUR MEETING, PLYMOUTH REQUESTED THAT WE ATTEMPT TO SETTLE THIS CASE PRIOR TO THE FILING OF A COMPLAINT. THE STATE OF NEW HAMPSHIRE HAS BEEN NOTIFIED THAT THE REGION IS RECOMMENDING THAT A CIVIL ACTION BE BROUGHT AGAINST PLYMOUTH. THEY HAVE REQUESTED TO BE REALIGNED AS PLAINTIFF- INTERVENOR IN OUR FEDERAL ACTION. THE REGION HAS NO OBJEC- TION TO THIS BASED UPON PRECEDENT ESTABLISHED IN THE DOVER, NEW HAMPSHIRE CASE. THE NECESSARY PAPERWORK WILL BE PRE- PARED PRIOR TO THE FILING OF THE COMPLAINT.

Defendants (1)

• PLYMOUTH WATER & SEWER DISTRICTNamed in complaintNamed in settlement

Facilities (1)

• PLYMOUTH WATER & SEWAGE DIS

  RAILROAD SQ, PLYMOUTH, NH, 03264

  Registry ID: 110010761728

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PLYMOUTH WATER/SEWER DISTRICTentered 1989-08-10

  Primary law: CWA

  Federal penalty: $10,000

Timeline (6 milestones)

• 1988-04-29PRN Sent
• 1989-07-26Referred To Dept Of Justice
• 1989-07-31Complaint Filed With Court
• 1989-08-10Final Order Lodged
• 1989-08-10Final Order Entered
• 1989-08-10Concluded