EPA v. JOHNSTOWN, CITY OF

Case summary

CITY OF JOHNSTOWN OWNS & OPERATES, THRU ITS BUREAU OF SEW- AGE, A 12 MGD PRIMARY SEWAGE TREATMENT PLANT SERVING APPROX- IMATELY 92,000 PEOPLE. ONLY ABOUT 2.5% OF THE PLANT'S DRY WEATHER FLOW IS INDUSTRIAL. THE COMMONWEALTH OF PA MUST BE JOINED AS A PARTY TO ANY CIVIL ACTION AGAINST JOHNSTON. THE POTW DISCHARGES INTO THE CONEMAUGH RIVER IN CAMBRIA CO, PA. DEF'S POTW, BEING A PRIMARY, HAS NOT MET & CAN NOT MEET THE STATUTORILY MANDATED 2NDARY SEWAGE TREATMENT LIMITATIONS CONTAINED IN ITS NPDES PERMIT(S), & WILL NOT BE ABLE TO DO SO BY 7/1/88 UNLESS THE COMMITMENT IS SOON MADE TO CONSTRUCT W/O CONSTRUCTION GRANT FUNDS. IN ADDITION, DEF HAS NOT SUBMI TTED AN APPROVABLE POTW PRETREATMENT PROGRAM AS REQUIRED BY THE PRETREATMENT REGULATION, EPA ADINISTRATIVE ORDER & ITS CURRENT NPDES PERMIT, DUE TO A LACK OF INTERJURISDICTIONAL AGREEMENTS. FINALLY, DEF NEEDS TO IMPROVE ITS SEWER MAINTEN- ANCE & REHABILITATION PROGRAM TO ELIMINATE DRY WEATHER BY- PASSING. EPA'S AUTHORITY IS PROVIDED BY SEC 301, 309 & 402 OF THE CWA, 33 USC SECS 1311, 1319 & 1342. REG 3 SEEKS A CD OR COURT ORDER REQUIRING DEF TO CONSTRUCT A 2NDARY SEWAGE TREATMENT PLANT, TO EXECUTE AGREEMENTS W/ITS OUTLYING USER JURISDICTIONS REGARDING ENFORCEMENT OF PRE- TREATMENT REQUIREMENTS, TO IMPROVE ITS SEWER INSPECTION, MAINTENANCE & REHABILITATION PROGRAM TO ELIMINATE DRY WEATH- ER BYPASSING, & TO COMPLY W/THE EFFLUENT LIMITATIONS & ALL OTHER CONDITIONS & REQUIREMENTS OF ITS NPDES PERMIT.

Defendants (1)

• JOHNSTOWN, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• JOHNSTOWN - CITY OF

  DORNICK PT, JOHNSTOWN, PA, 15901

  Registry ID: 110010584572

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• JOHNSTOWN, CITY OFentered 1988-02-22

  Primary law: CWA

  Federal penalty: $184,000

Timeline (7 milestones)

• 1985-12-11Referred To Headquarters
• 1986-01-07Referred To Dept Of Justice
• 1986-04-17Complaint Filed With Court
• 1988-02-22Final Order Lodged
• 1988-02-22Final Order Entered
• 1988-02-22Concluded
• 1994-01-26Enforcement Action Closed