EPA v. VIWAPA

Case summary

THE PERMITTEE, THE VIRGIN ISLANDS WATER AND POWER AUTHOR- ITY (VIWAPA), HAS VIOLATED THE TERMS OF TWO NPDES PERMITS. ONE PERMIT REGULATES VIPAWA'S FACILITY ON ST. CROIX. THE SECOND PERMIT REGULATES VIPAWA'S FACILITY ON ST. THOMAS. THE PERMITS IMPOSE EFFLUENT LIMITS WHICH REQUIRE THE APPLICATION OF THE BEST PRACTICABLE CONTROL TECHNOLOGY CURRENTLY AVAILABLE FOR THE INDUSTRY. THE PERMITS ALSO REQUIRE MONITORING AND REPORTING OF INFLUENTS AND EFFLUENTS. VIWAPA HAS FAILED TO PROPERLY OPERATE AND MAINTAIN EFFICIENT OPERATIONS OF ITS POWER GENERATION AND DESALINATION PLANTS AND HAS FAILED TO PROPERLY SATISFY THE MONITORING AND REPORTING REQUIREMENTS OF ITS PERMITS. THE REGION SEEKS A CIVIL PENALTY FOR PAST VIOLATIONS OF THE CLEAN WATER ACT AND A JUDICIAL ORDER THAT IMPOSES AN OPERATION AND MAINTENANCE SCHEDULE REFLECTING THE BEST PRACTICABLE CONTROL TECHNOLOGY CURRENTLY AVAILABLE IN THE INDUSTRY AND ALSO PROVIDES FOR STIPULATED PENALTIES FOR FUTURE FAILURES TO COMPLY WITH THIS SCHEDULE AND LIMITS. ON MARCH 8, 1988, EPA ISSUED A FINDING OF VIOLATIONS AND ORDER TO SHOW CAUSE TO VIWAPA FOR EACH OF ITS PERMITTED FACILITIES. AN ORDER TO SHOW CAUSE MEETING WAS HELD IN THE REGION ON APRIL 13, 1988. A NUMBER OF INSPECTIONS HAVE BEEN CONDUCTED BY EPA AND DPNR OVER THE PAST TWO YEARS AND VIWAPA HAS SUBMITTED DMRS. ALL INDICATE CONSISTENT VIOLATION OF PERMIT EFFLUENT LIMIT- ATIONS AND MONITORING REQUIREMENTS. VIWAPA HAS SOUGHT PERMIT MODIFICATIONS, ARGUING THAT THE EFFLUENT LIMITATIONS BASED ON WATER QUALITY STANDARDS ARE UNATTAINABLE. EPA DOES NOT HAVE AUTHORITY TO MODIFY WATER- QUALITY BASED EFFLUENT LIMITATIONS, BUT RECOGNIZES THAT THE STANDARDS IMPOSED ON VIWAPA ARE STRINGENT. * 1. REFERRAL TO ENFORCE CD SENT TO DOJ ON 6/18/96. 2. ON 11/21/96 THE REFERRAL TO ENFORCE THE CD WAS WITHDRAWN BY EPA AS VIWAPA PAID ALL PENALTIES DUE TO DATE AND HAVE RETURNED TO COMPLIANCE WITH THE CONSENT DECREE.

Defendants (1)

• VIRGIN ISLANDS WATER & POWER AUTHORITYNamed in complaintNamed in settlement

Facilities (7)

• VIRGIN ISLANDS WATER & POWER AUTHORITY

  KRUM BAY FACILITY, ST THOMAS, VI, 00804

  Registry ID: 110000580960

• VI WATER AND POWER AUTHORITY

  CHRISTIANSTED HARBOR E RICHMON, ST CROIX, VI, 00820

  Registry ID: 110000602866

• VIRGIN ISLANDS WATER & POWER AUTHORITY

  KRUM BAY FACILITY, ST THOMAS, VI, 00804

  Registry ID: 110000580960

• VI WATER AND POWER AUTHORITY

  CHRISTIANSTED HARBOR E RICHMON, ST CROIX, VI, 00820

  Registry ID: 110000602866

• VIRGIN ISLANDS WATER & POWER AUTHORITY

  KRUM BAY FACILITY, ST THOMAS, VI, 00804

  Registry ID: 110000580960

• VI WATER AND POWER AUTHORITY

  CHRISTIANSTED HARBOR E RICHMON, ST CROIX, VI, 00820

  Registry ID: 110000602866

• VI WATER AND POWER AUTHORITY

  CHRISTIANSTED HARBOR E RICHMON, ST CROIX, VI, 00820

  Registry ID: 110000602866

Statutes cited

• CWA 308 — Information Request, Records, Entry
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• VIWAPAentered 1996-01-25

  Primary law: CWA

  Federal penalty: $35,000

Timeline (7 milestones)

• 1988-05-02Enforcement Action Data Entered
• 1988-06-30Referred To Dept Of Justice
• 1989-01-11Complaint Filed With Court
• 1996-01-25Final Order Lodged
• 1996-01-25Final Order Entered
• 1996-01-25Concluded
• 1997-03-21Enforcement Action Closed