EPA v. PHILADELPHIA, CITY OF (NE PLANT)

Case summary

THE CITY OF PHILADELPHIA OWNS & OPERATES A WATER POLLUTION CONTROL PLANT AT 3900 RICHMOND STREET, PHILA., PA(NE PLANT). DOMESTIC & INDUSTRIAL WASTEWATER ARE TREATED THERE & DIS- CHARGED TO THE DELAWARE RIVER. THE NE PLANT CURRENTLY RE- CEIVES DAILY WASTEWATER FLOWS OF APPROX. 165 MGD & WAS DE- SIGNED TO TREAT 210 MGD. SINCE 5/79, THE CITY HAS BEEN UNDER A CD TO COMPLETE THE UPGRADING OF THE NE PLANT, & TO ACHIEVE SPECIFIED FINAL EF- FLUENT LIMITATIONS, INCLUDING PARAMETERS FOR DOD5,CBOD SU- SPENDED SOLIDS, FECAL COLIFORM & PH. THE CD WAS SIGNED BY THE CITY OF PHILA & EPA ON 5/23/79 & FORMALLY ENTERED IN DISTRICT COURT ON 9/25/79. AS OF REFRRAL DATE, THE CITY HAS NOT COMPLETED CONSTRUC- TION OF THE NE PLANT, & IT HAS FAILED TO ACHIEVE FINAL EF- FLUENT LIMITATIONS BY THE CD MILESTONE OF 8/8/85. THE VIOLA- TION OF THE SUSPENDED SOLIDS LIMITATION SATISFIES EPA'S DEF- INITION OF SIGNIFICANT NONCOMPLIANCE. THERE WERE ALSO VIOLA- TIONS OF THE FINAL LIMITATIONS FOR CBOD, BOD5 & FECAL COLI- FORM. THE PROPOSED REMEDY IS THE PAYMENT OF STIPULATED PENALTIES UNDER THE CD & INJUNCTIVE RELIEF IN THE NATURE OF COMPELLING THE CITY TO COMPLETE ALL CONSTRUCTION ASSOCIATED W/ THE NE PLANT & SLUDGE MANAGEMENT FACILITY.

Defendants (1)

• PHILADELPHIA, CITY OFNamed in complaintNamed in settlement

Facilities (2)

• NORTHEAST WATER TREATMENT PLANT

  3900 RICHMOND STREET, PHILADELPHIA, PA, 19137

  Registry ID: 110001076978

• NORTHEAST WATER TREATMENT PLANT

  3900 RICHMOND STREET, PHILADELPHIA, PA, 19137

  Registry ID: 110001076978

Statutes cited

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

Enforcement conclusions (1)

• PHILADELPHIA, CITY OF (NE PLANT)entered 1988-04-13

  Primary law: CWA

  Federal penalty: $6,300,000

Timeline (8 milestones)

• 1986-01-29Enforcement Action Data Entered
• 1986-04-04Referred To Headquarters
• 1986-04-30Referred To Dept Of Justice
• 1986-08-18Complaint Filed With Court
• 1988-04-13Final Order Lodged
• 1988-04-13Final Order Entered
• 1988-04-13Concluded
• 1994-12-31Enforcement Action Closed