EPA v. DUNKIRK, CITY OF

Case summary

THE PERMITTEE, CITY OF DUNKIRK HAS VIOLATED THE TERMS OF ITS NPDES PERMIT REQUIRING THE ATTAINMENT OF SECONDARY TREATMENT. THE CITY OF DUNKIRK HAS ALSO FAILED TO IMPLE- MENT AND ENFORCE ITS PRETREATMENT PROGRAM APPROVED BY EPA IN AUGUST 1984. DEFENDANT AL TECH IS A MANUFACTURING FACILITY WITH OPERAT- IONS IN THE IRON AND STEEL MANUFACTURING AND METAL FINISHING CATOGORIES. AL TECH HAS CONTINUALLY DISCHARGED WASTES INTO THE DUNKIRK POTW WHICH ARE HIGH IN NITROGEN COMPOUNDS. THESE COMPOUNDS HAVE INTERFERED WITH POTW OPERATIONS AND ARE A CAUSE OF PERMIT VIOLATION. THE REGION SEEKS INJUNCTIVE RELIEF AGAINST DUNKIRK TO CEASE VIOLATIONS OF ITS NPDES PERMIT BY TAKING ALL ACTIONS NECESSARY TO ENFORCE ITS PRETREATMENT PROGRAM AS WELL AS TO ENHANCE OPERATION AND MAINTENANCE OR INSTALL ADDITIONAL EQUIPMENT TO IMPROVE PERFORMANCE AT ITS POTW. THE REGION FURTHER SEEKS AN IMMEDIATE SEWER CONNECTION BAN TO PREVENT FURTHER ENVIRONMENTAL DEGRADATION PENDING DUNKIRK'S ATTAIN- MENT OF COMPLIANCE WITH ITS NPDES PERMIT. INJUNCTIVE RELIEF IS SOUGHT AGAINST AL TECH TO COMPEL TERMINATION OF DISCHARGE OF WASTES WHICH INTERFERE WITH POTW PROCESSES. CIVIL PENALTIES ARE SOUGHT AGAINST BOTH DUNKIRK AND ALTECH WITH BOTTOM LINE SETTLEMENT FIGURE PROPOSALS OF $150,000 $115,000, RESPECTIVELY. THE REGION ISSUED AN ADMINISTRATIVE ORDER IN JULY 1987 AGAINST DUNKIRK FOR ITS FAILURE TO IMPLEMENT AND ENFORCE ITS PRETREATMENT PROGRAM. THERE HAS BEEN NO FORMAL CONTACT WITH DUNKIRK SINCE LATE 1987 AND NO CONTACT WITH AL TECH (OTHER THAN THROUGH A RELATED RCRA ADMINISTRATIVE ACTION). NO NEGOTIATIONS HAVE BEEN COMMENCED TO DATE. THE CASE AGAINST AL TECH OFFERS THE OPPORTUNITY TO BUILD UPON THE ARKANSAS POULTRY PRETREATMENT DECISION & ESTABLISH LIABILITY FOR INTERFERENCE VIOLATIONS IN THE ABSENCE OF APLICABLE LOCAL LIMITATIONS FOR THE INTERFERING PARAMETER & DISPITE COMPLIANCE WITH CATEGORICAL LIMITATIONS. VIOLATION DETERMINED BY JUNE 30, 1988 PRETREATMENT AUDIT REPORT FROM NYSDEC REGION 9 AND REPEATED APPEARANCES BY DUNKIRK ON QNCR. PART OF PRETREATMENT PROGRAM ENFORCEMENT INITIATIVE. * FACILITY NAME & ADDRESS: DUNKIRK LF WTP WRIGHT PARK DRIVE DUNKIRK, N.Y. 14048 OWNERSHIP: MUNICIPAL SIC CODE: 4952 EPID# NYD094176310

Defendants (2)

• DUNKIRK, CITY OFNamed in complaintNamed in settlement
• NEW YORK, STATE OFNamed in complaintNamed in settlement

Facilities (1)

• DUNKIRK WASTEWATER TREATMENT FACILITY

  WRIGHT PARK DRIVE, DUNKIRK, NY, 14048

  Registry ID: 110000724100

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• DUNKIRK, CITY OFentered 1991-07-24

  Primary law: CWA

  Federal penalty: $100,000

Timeline (8 milestones)

• 1989-03-31Enforcement Action Data Entered
• 1989-03-31Referred To Headquarters
• 1989-06-20Referred To Dept Of Justice
• 1989-10-03Complaint Filed With Court
• 1991-07-24Final Order Lodged
• 1991-07-24Final Order Entered
• 1991-07-24Concluded
• 1993-10-29Enforcement Action Closed