EPA v. BROCKTON WWTF

Case summary

ON SEPTEMBER 16, 2003 THE REGION REFERRED TO DOJ A PROPOSED CIVIL ACTION AGAINST THE CITY OF BROCKTON, MA FOR BOTH PENALTIES AND INJUNCTIVE RELIEF FOR CWA VIOLATIONS. BROCKTON, A COMMUNITY OF APPROXIMATELY 94,000 LOCAED IN SOUTHEASTERN MASSACHUSETTS, OWNS AND OPERATES AN 18 MGD ADVANCED WASTEWATER TREATMENT PLANT AND ASSOCIATED SEWER COLLECTION SYSTEM.DISCHARGES FROM BROCKTON'S TREATMENT PLANT TO THE SALISBURY PLAIN RIVER (A CLASS B WATERBODY) VIOLATE THE CITY'S NPDES PERMIT. AMONG OTHER THINGS, THE CITY HAS REPORTED VIOLATIONS OF TIS BOD, TSS, PHOSPHORUS, TOTAL RESIDUAL CHLORINE, FECAL COLIFORM, COPPER, AND AMMONIA NPDES PERMIT LIMITS. BECAUSE THE DISCHARGE FROM THE TREATMENT PLANT REPRESENTS THE MAJOR PORTION OF THE STREAM DURING NON-HIGH FLOW PERIODS, THESE VIOLATIONS HAVE THE POTENTIAL TO CAUSE SIGNIFICANT AQUATIC ECOSYSTEM DAMAGE AND PUBLIC HEALTH CONCERNS. IN ORDER TO COME INTO COMPLIANCE, BROCKTON NEEDS TO UPGRADE ITS TREATMENT PLANT AND COLLECTION SYSTEM. IN JULY, 2002, THE CITY'S CONSULTANT PREPARED A FACILITIES ASSESSMENT REPORT RECOMMENDING IMPROVEMENTS TO, AND REPLACEMENT OF, MAJOR EQUIPMENT AT THE TREATMENT PLANT, ESTIMATED TO COST $53,000,000. THIS PAST JUNE, THE REGION, IN COORDINATION WITH THE MADEP AND MASSACHUSETTS ATTORNEY GENERAL'S OFFICE, ISSUED A CWA 309(a) ADMINISTRATIVE COMPLIANCE ORDER TO THE CITY REQUIRING IT TO UNDERTAKE CERTAIN SHORT-TERM PROJECTS. THE CITY NEEDS TO UNDERTAKE THIS IMMEDIATE WORK IN ORDER TO PREVENT FURTHER DETERIORATION OF PLANT OPERATION PENDING A MAJOR OVERHAUL OF THE CITY'S WASTEWATER TREATMENT SYSTEM, WHICH WILL BE THE INJUNCTIVE RELIEF SOUGHT IN THE FEDERAL JUDICIAL ACTION. THE PARTIES HAVE BEEN MEETING REGULARLY REGARDING THE CITY'S COMPLIANCE WITH THE ORDER TO ENSURE THAT THE CITY STAYS ON TRACK

Defendants (1)

• BROCKTON WWTFNamed in complaintNamed in settlement

Facilities (1)

• BROCKTON A W R F

  303 OAK HILL WAY, BROCKTON, MA, 02301

  Registry ID: 110016496120

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BROCKTON WWTFentered 2006-09-28

  Primary law: CWA

  Federal penalty: $120,000 · State/local: $60,000 · SEP: $180,000

Timeline (8 milestones)

• 2003-09-18Referred To Headquarters
• 2003-09-18Referred TO U.S. Attorney
• 2003-09-18Referred To Dept Of Justice
• 2003-09-19Enforcement Action Data Entered
• 2006-08-02Complaint Filed With Court
• 2006-09-28Final Order Entered
• 2006-09-28Final Order Lodged
• 2013-03-12Enforcement Action Closed