EPA v. AUBURN, CITY OF

Case summary

THIS ACTION IS BASED ON THE CWA SECTION 307 AND 40 CFR PART 403. THE DEFENDANT HAS VIOLATED THE REQUIREMENT OF THE REGULATIONS THAT IT HAVE A PRETREATMENT PROGRAM APPROVED BY JULY 1, 1983. FURTHER, IT HAS VIOLATED THE REQUIREMENT OF ITS SPDES PERMIT THAT IT SUBMIT AN APPROVABLE PROGRAM BY APRIL 1, 1984 & AN EPA-ISSUED ADMINISTRATIVE ORDER THAT RE- QUIRED SUBMITTAL OF AN APPROVABLE PROGRAM BY OCT. 1, 1984. THE RELIEF SOUGHT INCLUDES A CIVIL PENALTY OF $73,000, AN INJUNCTION REQUIRING SUBMITTAL OF AN APPROVABLE PRETREATMENT PROGRAM, & AN INJUNCTION REQUIRING IMPLEMENTATION OF SAID PROGRAM. TWO ADMINISTRATIVE ORDERS WERE ISSUED, ONE IN 1983 AND ONE IN 1984, BECAUSE OF FAILURE OF CITY TO SUBMIT A PRETREATMENT PROGRAM. NO NEGOTIATIONS HAVE TAKEN PLACE TO DATE. THIS CASE IS SIGNIFICANT TO THE EXTENT THAT IT IS ONE OF A NUMBER OF CASES TO BE BROUGHT NATIONWIDE AGAINST MUNICI- PALITIES THAT FAILED TO SUBMIT APPROVABLE PRETREATMENT PRO- GRAMS IN A TIMELY MANNER.

Defendants (1)

• AUBURN, NY, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• AUBURN CITY OF SOLIDS HANDLING BIDG

  35 BRADLEY ST WPCP, AUBURN, NY, 13021

  Registry ID: 110004389402

Statutes cited

• CWA 402 — Clean Water Act

Enforcement conclusions (1)

• AUBURN, CITY OFentered 1988-02-19

  Primary law: CWA

  Federal penalty: $21,500

Timeline (8 milestones)

• 1985-08-28Referred To Headquarters
• 1985-10-04Referred To Dept Of Justice
• 1986-01-21Referred TO U.S. Attorney
• 1986-01-24Complaint Filed With Court
• 1988-02-19Concluded
• 1988-02-19Final Order Lodged
• 1988-02-19Final Order Entered
• 1992-09-28Enforcement Action Closed