EPA v. GLOVERSVILLE JOHNSTOWN JOINT SEWER BOARD

Case summary

SYNOPSIS OF THE CASE THIS CASE IS REFERRED FOR THE PURPOSE OF SEEKING JUDI- CIAL RELIEF TO REMEDY VIOLATIONS OF PERMITS ISSUED UNDER THE CLEAN WATER ACT AND VIOLATIONS OF THE ACT THROUGH THE DIS- CHARGE OF POLLUTANTS WITHOUT A PERMIT. THE PERMIT VIOLA- TIONS INCLUDE THE DISCHARGE OF VISIBLE FOAM TO THE CAYADUTTA CREEK AND THE DISCHARGE TO THAT CREEK IN EXCESS OF PER- MITTED LEVELS OF TOTAL SUSPENDED SOLIDS (TSS), BIOCHEMICAL OXYGEN DEMAND (BOD), SETTLEABLE SOLIDS AND FLOW. THE UN- PERMITTED DISCHARGE TO THAT CREEK CONTAINS TSS, BOD, CHROM- IUM AND OTHER POLLUTANTS. DEFENDANT GLOVERSVILLE-JOHNSTOWN JOINT SEWER BOARD (JOINT SEWER BOARD) WAS ISSUED A NATIONAL POLLUTANT DIS- CHARGE ELIMINATION SYSTEM (NPDES) PERMIT UNDER SECTION 402 OF THE FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972, 33 U.S.C. 1342 (REENACTED AS THE CLEAN WATER ACT OF 1977, HERE-INAFTER THE ACT ) ON APRIL 25, 1975. THE TERM OF THE PERMIT WAS FOR THE PERIOD FROM MAY 31, 1975 TO JUNE 30, 1977. THIS NPDES PERMIT, NUMBER NY 0026042, REQUIRED THE JOINT SEWER BOARD TO MEET CERTAIN EFFLUENT LIMITATIONS SPECIFIED IN THE PERMIT FOR THE CONTROL OF POLLUTANTS DIS- CHARGED FROM ITS SEWAGE TREATMENT FACILITY TO A LOCAL WATER- WAY KNOWN AS THE CAYADUTTA CREEK. THE PERMIT ALLOWED ONLY ONE DISCHARGE TO THE CREEK. DESPITE THE PERMIT'S EXPIRA- TION ON JUNE 30, 1977, THE PERMIT WAS CONTINUED IN EFFECT BY OPERATION OF SECTION 558 OF THE ADMINISTRATIVE PROCEDURE ACT SINCE THE DEFENDANT SUBMITTED A TIMELY APPLICATION FOR A NEW PERMIT ON NOVEMBER 9, 1976 AND SINCE THE APPLICATION HAD NOT BEEN ACTED ON BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC) WHICH HAD ASSUMED RE- SPONSIBILITY FOR PERMIT ISSUANCE UNDER 33 U.S.C. 1342. NEW YORK'S STATE ADMINISTRATIVE PROCEDURE ACT, SECTION 401(2) WOULD ALSO HAVE CONTINUED THE PERMIT IN EFFECT. THIS PER- MIT WAS MODIFIED ONCE BY THE NYSDEC ON AUGUST 28, 1978 TO DELETE DISINFECTION REQUIREMENTS, DESPITE ITS EXPIRATION. ON MARCH 22, 1982, THE NYSDEC ENTERED INTO AN ORDER ON CONSENT WITH THE JOINT SEWER BOARD, THE CITY OF GLOVERSVILLE AND THE CITY OF JOHNSTOWN. THIS ORDER INCLUDED A STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) PERMIT WHICH REPLACED THE NPDES PERMIT. THIS PERMIT NAMES THE JOINT SEWER BOARD AND BOTH CITIES AS COPERMITTEES. THIS PERMIT CONTAINS INTERIM AND FINAL EFFLUENT LIMITATIONS FOR THE ONE PERMITTED DISCHARGE. EPA HAD OBJECTED FORMALLY ON MARCH 19, 1982 TO THE ISSUANCE OF A SPDES PERMIT WITHOUT FINAL LIMI- TATIONS FOR ACHIEVING SECONDARY TREATMENT AND COMPLIANCE WITH WATER QUALITY STANDARDS, BUT HAD AGREED TO ALLOW THE NYSDEC TO SET WATER QUALITY STANDARDS, BUT HAD AGREED TO ALLOW THE NYSDEC TO SET WATER QUALITY BASED LIMITS IN THE PERMIT BY OCTOBER 31, 1982 IF SECONDARY LIMITATIONS WERE IMPOSED IMMEDIATELY. IN RESPONSE, THE NYSDEC ISSUED THE PERMIT CONTAINING INTERIM AND FINAL EFFLUENT LIMITATIONS, BOTH EFFECTIVE IMMEDIATELY. ADDITIONALLY, THE PERMIT CON- TAINS A SCHEDULE OF COMPLIANCE FOR ACHIEVING COMPLIANCE WITH THE FINAL LIMITATIONS. THE SCHEDULE EXTENDS TO OCTOBER 15, 1987. THE PERMIT FURTHER INDICATES THAT VARIOUS FINAL LIMITATIONS WOULD BE REVISED AT A LATER DATE TO BE WATER QUALITY LIMITING, BUT THE NYSDEC HAS NOT REVISED THE PERMIT TO REQUIRE COMPLIANCE WITH WATER QUALITY-BASED LIMITATIONS. THE ACT REQUIRES THAT PUBLICLY OWNED TREATMENT WORKS MEET EFFLUENT LIMITATIONS BASED UPON SECONDARY TREATMENT AS DEFINED BY THE EPA BY JULY 1, 1977. THE JOINT SEWER BOARD'S NPDES PERMIT WAS WRITTEN TO EXPIRE ON JUNE 30, 1977. THIS WAS DONE BECAUSE MOST OF THE SEWAGE RECEIVED, ON A POPULA- TION-EQUIVALENT BASIS, COMES FROM INDUSTRIES IN THE AREA AND BECAUSE THE LACK OF SUFFICIENT INDUSTRIAL DATA PREVENTED EPA ESTABLISHING FINAL JULY 1, 197

Defendants (3)

• GLOVERSVILLE, NY CITY OFNamed in complaintNamed in settlement
• GLOVERSVILLE/JOHNSTOWN JOINT SEWER BRD.Named in complaintNamed in settlement
• JOHNSTOWN, NY CITY OFNamed in complaintNamed in settlement

Facilities (1)

• GLOVERSVILLE-JOHNSTOWN JOINT POTW

  MTD #4 UNION AVE EXTENSION, JOHNSTOWN, NY, 12095

  Registry ID: 110012643416

Statutes cited

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

Enforcement conclusions (1)

• GLOVERSVILLE JOHNSTOWN JOINT Sentered 1988-07-13

  Primary law: CWA

  Federal penalty: $50,000

Timeline (8 milestones)

• 1983-09-30Referred To Headquarters
• 1983-11-29Referred To Dept Of Justice
• 1984-02-16Referred TO U.S. Attorney
• 1984-02-23Complaint Filed With Court
• 1988-07-13Final Order Lodged
• 1988-07-13Final Order Entered
• 1988-07-13Concluded
• 1996-10-08Enforcement Action Closed