EPA v. YORK, CITY OF

Case summary

THE YORK POTW SERVES 7 COMMUNITIES (ALL OF THE CITY YORK PLUS PART OF NORTH YORK BORO, WEST YORK BORO, SPRING GARDEN TWP, MANCHESTER TWP, WEST MANCHESTER TWP & YORK TWP) W/A COMBINED POPULATION OF APROX 100,000. APPROX 8% OF THE PLANT'S INFLUENT FLOW IS CONTRIBUTED BY INDUSTRIAL DISCHAR- GES METERED BY THE CITY OF YORK. THE YORK FACILITY HAS 2 PARALLEL TREATMENT TRAINS, A PURE OXYGEN ACTIVATED SLUDGE SYSTEM & A CONTACT STABILIZATION SYSTEM. TOTAL DESIGN FLOW FOR BOTH SYSTEMS IS 26 MGD. YORK HAS 2 PERMITTED DISCHARGES, ONE FOR EACH TREATMENT TRAIN. THE PLANT HAS A LONG HISTORY OF VIOLATING THE REQUIRED EF- FLUENT LIMITATIONS FOR PHOSPHORUS, AMMONIA, BOD, & TSS AT BOTH DISCHARGE OUTFALLS. THE 1ST NPDES PERMIT FOR THIS PLANT WAS ISSUED BY EPA ON 11/18/74. THE 2ND NPDES PERMIT WAS ISSUED BY THE PA DER ON 7/21/81. THIS PERMIT WILL EXPIRE ON 7/21/86. ON 9/21/81 EPA ISSUED AN ADMINISTRATIVE ORDER DUE TO YORK'S INABILITY TO COMPLY W/THE PERMIT LIMITATIONS FOR BOD, AMMONIA, TSS & PHOSPHORUS. THE PLANT WAS NOT DESIGNED TO MEET THE PERMIT LIMITATIONS FOR BOD & AMMONIA. THE ORDER REQUIRED THAT YORK MEET LESS STRINGENT LIMITS FOR BOD. NO EFFLUENT LIMITS OR MONITORING REQUIREMENT WERE SET FOR AMMONIA. THE LIMITA- TIONS FOR TSS & PHOSPHORUS WERE THE SAME AS THOSE IN THE PERMIT. THE DEF WAS ORDERED TO SUBMIT A FACILITIES PLAN FOR ACHIEVING COMPLIANCE W/PERMIT LIMITS ON BOD & AMMONIA, BY 9/82. THE DEADLINE WAS NOT ACHIEVED. A FINAL DRAFT OF A FACILITIES PLAN WAS SUBMITTED IN 1/83 & A REWORK OF THAT PLAN WAS SUBMITTED IN 6/84. THE 9/21/81 ADMINISTRATIVE OR- DER EXPIRED ON 7/1/83. YORK WAS IN CONTINUOUS VIOLATION OF THIS ORDER. ON 11/10/82, EPA ISSUED A NOTICE OF VIOLATION TO THE PA DER BE- CAUSE OF THESE VIOLATIONS. ON 6/25/84, A 2ND EPA ADMINIS- TRATIVE ORDER WAS ISSUED TO YORK. THE INTERIM EFFLUENT RE- QUIREMENTS IN THIS ORDER WERE THE SAME AS THOSE IN THE 1ST ORDER EXCEPT AMMONIA WAS TO BE MONITORED. THIS ORDER REQUIRED THAT YORK SUBMIT A COMPLIANCE SCHEDULE BY 7/1/85 FOR ACHIEVING THE PERMIT EFFLUENT LIMITATIONS BY 7/1/88. THE COMPLIANCE SCHEDULE WAS SUBMITTED BY YORK IN 6/28/85. ACCORDING TO THIS LETTER, CONSTRUCTION OF THE NECESSARY FACI LITIES IS TO BE COMPLETED BY 8/89 & COMPLIANCE W/PERMIT LIM- ITATIONS ACHIEVED BY 12/89. THIS SCHEDULE VIOLATES THE AD- MINISTRATIVE ORDER OF 6/25/84 & IS NOT IN ACCORD W/THE NA- TIONAL MUNICIPAL POLICY ON PUBLICLY OWNED TREATMENT WORKS (49 FR 3832) WHICH REQUIRES COMPLIANCE BY 7/1/88 REGARDLESS OF WHETHER FEDERAL FUNDING IS AVAILABLE. YORK GIVES NO EX- PLANATION AS TO WHY IT DCANNOT ACHIEVE THE PERMIT EFFLUENT LIMITATIONS BY 7/1/88. DUE TO THE CONTINUOUS EFFLUENT VIOLATIONS, THE VIOLATION OF THE 2 ADMINISTRATIVE ORDERS & THE CITY'S FAILURE TO ES- TABLISH A TIMELY COMPLIANCE SCHEDULE, EPA REG III IS BE- LIEVES THAT A CIVIL ACTION IS NECESSARY TO RESOLVE THIS SIT- UATION. EPA IS SEEKING INJUNCTIVE RELIEF & A CIVIL PENALTY. THE INJUNCTION WOULD INCUDE A COMPLIANCE SCHEDULE FOR ACHIEVING THE PERMIT EFFLUENT LIMITATIONS BY 7/1/88. THE CITY IS LIABLE FOR SUBSTANTIAL CIVIL PENALTY UNDER SEC 309(D) OF CWA FOR THE VIOLATIONS CITED ABOVE. IN ADDI- TION, FROM 1981 TO 1985, SUBSTANTIAL HARM HAS BEEN DONE TO CODORUS CREEK AS A RESULT OF YORK'S VIOLATIONS. ALSO YORK SHOULD PAY A PENALTY TO COMPENSATE FOR SAVINGS THEY REALIZED IN DELAYING THE INSTALLATION OF SOLIDS HANDLING EQUIPMENT TO SOLVE THE PROBLEMS CAUSING THEIR VIOLATIONS.

Defendants (1)

• YORK, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• YORK WASTEWATER TREATMENT PLANT

  1701 BLACK BRIDGE ROAD, YORK, PA, 17402

  Registry ID: 110006625722

Statutes cited

• CWA 402 — Clean Water Act
• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• YORK, CITY OFentered 1987-06-30

  Primary law: CWA

  Federal penalty: $175,000

Timeline (7 milestones)

• 1985-09-27Referred To Headquarters
• 1985-10-25Referred To Dept Of Justice
• 1985-12-30Complaint Filed With Court
• 1987-06-30Final Order Lodged
• 1987-06-30Final Order Entered
• 1987-06-30Concluded
• 1994-03-29Enforcement Action Closed