EPA v. VIRGIN ISLANDS (VIDPW)

Case summary

THIS IS A CIVIL ACTION AGAINST THE GOVT OF THE VIRGIN ISLANDS OF THE US, ITS DEPT OF PUBLIC WORKS, & CERTAIN OTHER SUBORDINATE DEPT'S FOR VIOLATIONS OF SEC 301 & 402 OF THE CWA, 33 USC SEC 1311 & 1342. THE VIRGIN ISLANDS, WHICH HAS AN EPA APPROVED TPDES PROGRAM, OWNS & OPERATES A NUMBER OF WASTEWATER TREATMENT PLANTS. THE VIRGIN ISLANDS HAS NO POLITICAL SUBDIVISIONS, ONLY EXECUTIVE DEPT'S OR AGENCIES. CONSEQUENTLY, ONE DEPT OF THE ISLAND GOVT ISSUES PERMITS TO ANOTHER TO RUN WASTEWATER TREATMENT PLANTS. WHEN THERE ARE VIOLATIONS OF THE CWA, 1 VIRGIN ISLANDS DEPT MUST ENFORCE THE LAW AGAINST ANOTHER DEPT. IT WAS REFERRED BY REGION 2 TO HQ AS THREE SEPERATE REFERRALS (TITLED ST. CROIX, CHARLOTTE, AMALIE, & TURPENTINE RUN/MANGROVE LAGOON) AND CONSOLIDATED BY HQ INTO ONE CASE. THERE ARE 2 MAJOR WASTEWATER TREATMENT FACILITIES ON THE ISLANDS -- THE ST. CROIX WASTEWATER TREATMENT PLANT ON ST. CROIX, & THE CHARLOTTE AMALIE FACILITY ON ST. THOMAS. BOTH ARE PRIMARY TREATMENT FACILITIES. TOGETHER, THEIR TREATMENT CAPACITY IS 10.2 MGD. ST CROIX WAS FOUND TO BE OUT OF SERVICE BY EPA PERSONNEL ON 9/2/82, DUE TO A POWER OUTAGE & THE FAILURE OF A STANDBY GENERATOR. NO O&M RECORDS WERE KEPT AT THE SITE. THE OPERATOR INDICATED THAT TESTING HAD NOT BEEN PERFORMED FOR MORE THAN A YEAR. THE PRIMARY (SEDIMENTATION) TANK WAS SEPTIC (BLACK & ODOROUS). INFILTRATION WAS OCCURRING AS EVIDENCED BY THE AMT OF SAND IN THE PLANT SYSTEM. ONE OF THE GRIT COLLECTORS WAS OUT OF SERVICE. SLUDGE WAS DUMPED ON THE PLANT SITE. ST. CROIX LIT REP AT 16. THE SITUATION AT CHARLOTTE AMALIE APPEARS EVEN WORSE: AN INSPECTION WAS PERFORMED AT CHARLOTTE AMALIE PLANT BY AN EPA ENGINEER ON 6/25/82. THE ENGINEER NOTED THE PLANT APPEARED TO BE ABANDONED. THERE WAS NO OPERATOR PRESENT AT THE SITE. THERE WERE NO FILES IN THE ADMINISTRATIVE BUILDING. THE LAB FACILITIES WERE ABANDONED. BOTH PRIMARY TANKS WERE SEPTIC. BOTH GRIT CHAMBERS WERE OUT OF SERVICE. THE AEROBIC DIGESTER WAS SEPTIC. THERE WERE NO SPARE PARTS. ALL SLUDGE DRYING BEDS WERE ELIMINATED. ALL SLUDGE IS DISCHARGED TO THE CARIBBEAN SEA VIA THE EFFLUENT LINE. CHARLOTTE AMALIE LIT REP AT 18. CHARLOTTE AMALIE DISCHARGES TO OCEAN WATERS THAT ARE DESIGNATED FOR PRIMARY CONTACT RECREATIONAL USE. NEITHER FACILITY HAS SUBMITTED REQUIRED DISCHARGE MONITORING REPORTS SINCE 9/79; NEITHER CURRENTLY KEEPS RECORDS NOR SAMPLES ITS EFFLUENT. ALSO REFERRED FOR LIT WERE A NUMBER OF VERY SMALL NEIGHBOR HOOD WASTEWATER TREATMENT PLANTS KNOWN AS THE TURPINTINE RUN/MANGROVE LAGOON FACILITIES. THEIR COMBINED TREATMENT CAPACITY IS ABOUT 1.3 MGD. ALL OF THESE PLANTS ARE IN AREAS THAT ARE ENVIRONMENTALLY SENSITIVE OR DENSELY POPULATED. NONE HAS EVER SUBMITTED SELF-MONITORING REPORTS TO THE VI; FIVE OUT OF THE SIX FACILITIES WERE ISSUED TPDES PERMITS ON 1/18/83. FOR THE OTHER ONE, THE OLD PERMIT EXPIRED AND HAS NOT BEEN REISSUED. A NEW PERMIT WAS ALSO ISSUED FOR THE ST. CROIX AND CHARLETTE AMALIE WWTP'S. THE TURPENTINE RUN/MANGROVE LAGOON FACILITIES ARE POORLY MAINTAINED, IF AT ALL. SEPTIC CONDITIONS PREVAIL AT SOME OF THESE PLANTS, AND SEVERE OPERATIONS & MAINTAINANCE PROBLEMS EXIST AT ALL THESE PLANTS. THE ST. CROIX FACILITY HAS AN OCEAN OUTFALL AND DIFFUSER DESIGNED TO PERMIT RAPID DILLUTION OF THE TREATED SEWAGE IN DEEP OCEAN WATERS. THE OUTFALL LINE IS BROKEN AT ITS HALFWAY POINT, ALLOWING THE SEWAGE TO BE DISCHARGED WITHOUT DIFFUSION INTO SHALLOWER WATER WHERE THE IMPACT IS MORE SEVERE. THE TURPENTINE RUN/MANGROVE LAGOON WASTEWATER TREATMENT PLANTS(OLD TUTU, NEW TUTU, BOVONI, DONOE, NADIR ESTATES & VESSUP BAY) ARE OPERATED BY THE VI DEPT OF PUBLIC WORKS.

Defendants (5)

• VIRGIN ISLANDS DEPT OF PUBLIC WORKSNamed in settlement
• V.I., GOVERNMENT OF (AMENDMENT 1)Named in complaintNamed in settlement
• V.I., GOVERNMENT OF (AMENDMENT 2)Named in complaintNamed in settlement
• VIRGIN ISLANDS, GOVERNMENT OFNamed in complaintNamed in settlement
• Virgin Islands Waste Management AuthorityNamed in settlement

Facilities (18)

• RED POINT WASTEWATER TREATMENT FACILITY

  70, 70-1 & 70-2 ESTATE LINDBERG BAY #4A SOUTHSIDE, CHARLOTTE AMALIE, VI, 00802

  Registry ID: 110070106227

• NEW CRUZ BAY WWTP

  CONTANT ROAD ADJACENT TO ENIGHED POND, ST. JOHN, VI, 00830

  Registry ID: 110010911950

• VESSUP BAY WTP

  VESSUP BAY, ST THOMAS, VI, 00801

  Registry ID: 110010135095

• BOVONI LANDFILL

  BOVONI ROAD, SAINT THOMAS, VI, 00801

  Registry ID: 110040375572

• BORDEAUX WTP

  ESTATE BORDEAUX, ST THOMAS, VI, 00802

  Registry ID: 110039988449

• ANGUILLA WASTEWATER TREATMENT FACILITY

  3A & 4A BETHLEHEM MIDDLE WORKS, ST.CROIX, VI, 00820

  Registry ID: 110010135086

• MANGROVE LAGOON

  #1A ESTATE BOVONI, ST. THOMAS, VI, 00802

  Registry ID: 110012287943

• BORDEAUX WWTP

  FORTUNA, ST THOMAS, VI, 00801

  Registry ID: 110039988449

• DEPT OF PUB WORKS-OLD TUTU

  ESTATE TUTU, TUTU,ST THOMAS, VI, 00801

  Registry ID: 110009767190

• NEW TUTU WWTP

  ESTATE TUTU, ST THOMAS, VI, 00801

  Registry ID: 110010610008

• CHARLOTTE AMALIE WTP

  70 F LINDBERG BAY, CHARLOTTE AMALIE, VI, 00801

  Registry ID: 110010578927

• BOVONI LANDFILL

  BOVONI ROAD, SAINT THOMAS, VI, 00801

  Registry ID: 110040375572

• VIWMA - BRASSVIEW

  #14 - 70 BONNE RESOLUTION, ST THOMAS, VI, 00802

  Registry ID: 110039725517

• GEORGE SIMMONDS WWTP

  ESTATE ADRIAN_#16, ST. JOHN, VI, 00830

  Registry ID: 110039725571

• DEPT OF PUB WORKS-VESSUP BAY

  RED HOOK, ST THOMAS, VI, 00801

  Registry ID: 110010708396

• …and 3 more

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (9)

• Government of the Virgin Islands et al.entered 2013-04-22

  Primary law: CWA

• Government of the Virgin Islands et al.entered 2014-09-19

  Primary law: CWA

• VIRGIN ISLANDS, Government ofentered 1996-01-19

  Primary law: CWA

• Government of the Virgin Islands et al.entered 2016-10-21

  Primary law: CWA

• Government of the Virgin Islands, et al.entered 2016-03-16

  Primary law: CWA

• VIRGIN ISLANDS, GOVERNMENT OFentered 1998-05-11

  Primary law: CWA

  Federal penalty: $400,000 · State/local: $1,055,000

• Government of the Virgin Islands et al.entered 2014-09-19

  Primary law: CWA

• VIRGIN ISLANDS, GOV'T OFentered 1985-11-27

  Primary law: CWA

  Federal penalty: $23,500

• VIRGIN ISLANDS, GOVERNMENT OFentered 2000-12-14

  Primary law: CWA

  Federal penalty: $400,000

Timeline (7 milestones)

• 1982-09-30Referred To Headquarters
• 1982-12-08Referred To Dept Of Justice
• 1984-02-16Referred TO U.S. Attorney
• 1984-03-21Complaint Filed With Court
• 2010-08-13Supplemental Referral to DOJ for Consent Decree Enforcement-Sent
• 2015-06-05Final Order Lodged
• 2016-10-21Final Order Entered