EPA v. KEENE CITY OF

Case summary

THE AO SUPERSEDES AO (DOCKET # 97-100) ISSUED BY EPA ON 12/30/96 AND CITES THE CITY FOR VIOLATING THE EFFLUENT LIMITATIONS CONTAINED IN ITS NPDES PERMIT, FAILING TO SUBMIT A FINAL LOCAL LIMITS REPORT THAT INCLUDES TECHNICALLY-BASED LOCAL LIMITS FOR DISCHARGERS TO THE WASTEWATER COLLECTION SYSTEM, FAILING TO OPERATE AND MAINTAIN ITS POTW PROPERLY AND DISCHARGING UNTREATED WASTEWATER TO WATERS OF THE UNITED STATES FROM POINT SOURCES NOT AUTHORIZED BY A NPDES PERMIT. THE AO REQUIRES THE CITY TO PREPARE AND SUBMIT AN ANNUAL REPORT SUMMARIZING THE MEASURES THAT WERE TAKEN BY THE CITY DURING THE PREVIOUS CALENDAR YEAR TO FURTHER REDUCE THE LEVEL OF COPPER IN THE CITY'S WASTEWATER TREATMENT FACILITY DISCHARGE. THE ORDER INCLUDES A 20 UG/L INTERIM AVERAGE MONTHLY EFFLUENT LIMITATION FOR TOTAL RECOVEABLE COPPER EFFECTIVE BEGINNING 90 DAYS FROM YOUR RECEIPT OF THE ORDER. THE INTERIM LIMIT IS A REPORT ONLY REQUIREMENT FOR THE FIRST 90 DAYS OF THE ORDER TO AFFORD THE CITY TIME TO MAKE NECESSARY ADJUSTMENTS TO COMPLY WITH THE 20 UG/L LIMIT. THE ORDER INCLUDES A PROVISION THAT REQUIRES THE PREPARATION OF A COMPREHENSIVE COPPER OPTIMIZATION REPORT IN THE EVENT THAT THE CITY VIOLATES TEH 20 UG/L INTERIM COPPER LIMIT FOR TWO CONSECUTIVE MONTHS, OR FOR THREE MONTHS W/I A TWELVE MONTH PERIOD. THE ORDER REQUIRES KEENE TO PREPARE AND SUBMIT A LOCAL INDUSTRIAL DISCHARGE LIMITS REPORT WITHIN 90 DAYS OF RECEIPT AND TO INCORPORATE THE TECHNICALLY BASED LOCAL LIMITS IN ITS SEWER USE ORDINANCE FOLLOWING EPA APPROVAL. THE ORDER ALSO REQUIRES KEENE TO PREPARE, SUBMIT, AND IMPLEMENT UPON APPROVAL BY EPA A PLAN FOR REMEDYING THE SPECIFIC STRUCTUAL DEFICIENCIES NOTED IN TABLE 8-6, 8-7, AND 9-1 OF THE MARCH 2003 KEENE NH WASTEWATER INFRASTRUCTURE PLAN , PREPARED BY CAMP, DRESSER & MCKEE INC., TO EVALUATE THE ACCESSABILITY OF THE COLLECTION SYSTEM AND STRUCTURAL CONDITION OF ALL OF THE CITY'S MANHOLES WITHIN A YEAR, TO DEVELOP AND IMPLEMENT A PRIORITY CLEANING PLAN TO RESTORE AND MAINTAIN THE CAPACITY OF THE COLLECTION SYSTEM, AND TO DEVELOP AND IMPLEMENT A LONG-TERM WASTEWATER TREATMENT FACILITY AND COLLECTION SYSTEM PREVENTATIVE MAINTENANCE PROGRAM. FINALLY, THE CITY MUST ALSO SUBMIT SEMI-ANNUAL PROGRESS AND WORK PROJECTION REPORTS TO EPA AND THE NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES WITH THE FIRST REPOR FOR THE PERIOD ENDING DECEMBER 31,2004, DUE FOR JANUARY 15, 2005.

Defendants (1)

• KEENE WASTEWATER TREATMENT FACILITYNamed in complaintNamed in settlement

Facilities (2)

• KEENE WASTEWATER TREATMENT FACILITY

  AIRPORT ROAD, SWANZEY, NH, 03431

  Registry ID: 110002320854

• KEENE WASTEWATER TREATMENT FACILITY

  OFF RTE 132, NORTH SWANZEY, NH, 03431

  Registry ID: 110018907842

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• KEENE CITY OFentered 2004-09-27

  Primary law: CWA

Timeline (5 milestones)

• 2004-09-27Complaint Filed/Proposed Order
• 2004-09-27Final Order Issued
• 2004-10-06Enforcement Action Data Entered
• 2012-07-13Enforcement Action Closed
• 2012-07-13NPDES Closed