EPA v. DELAWARE COUNTY REGIONAL WATER QUALITY CONTROL AUTHORITY

Case summary

THIS IS A PROPOSED ACTION AGAINST THE DELAWARE COUNTY REGIONAL WATER CONTROL AUTHORITY ( DELCORA ) UNDER SECTION 309 OF THE CLEAN WATER ACT ( THE ACT ), 333 U.S.C. 1319, TO COMPEL COMPLIANCE WITH DELCORA'S NPDES PERMIT AT ITS WES- TERN REGIONAL TREATMENT PLANT ( PLANT ). THE NPDES PERMIT VIOLATIONS AT THE PLANT INCLUDE THE FOLLOWING: 1. VIOLATION OF NPDES PERMIT EFFLUENT LIMITATIONS FROM APRIL 1985 TO THE PRESENT. DELCORA HAS JUST BEEN LISTED ON THE QUARTERLY NONCOMPLIANCE REPORT AS BE- ING IN SIGNIFICANT NONCOMPLIANCE FOR ITS DISCHARGES IN TO THE DELAWARE RIVER. 2. VIOLATIONS OF NPDES SAMPLING AND REPORTING REQUIRE- MENTS. THE REMEDY SOUGHT BY THE REGION INCLUDES THE OPERATION OF THE TREATMENT EQUIPMENT THAT HAS BEEN TURNED OFF AND THE IMPROVEMENT OF ITS SAMPLING METHODOLOGY IN ORDER TO ACCUR- ATELY CHARACTERIZE THE PLANT'S INFLUENT AND EFFLUENT. THE REGION ALSO SEEKS A SUBSTANTIAL CIVIL PENALTY.

Defendants (1)

• DELAWARE CNTY REGNL WATER CNTLNamed in complaintNamed in settlement

Facilities (1)

• DELCORA WASTEWATER TREATMENT AND COLLECTION SYSTEM

  100 EAST FIFTH STREET, CHESTER, PA, 190130999

  Registry ID: 110001219501

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 402 — Clean Water Act
• CWA 307D — Clean Water Act
• CWA 301A — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• DELAWARE COUNTY REGIONAL WATERentered 1994-07-28

  Primary law: CWA

  Federal penalty: $350,000

Timeline (7 milestones)

• 1989-05-29Enforcement Action Data Entered
• 1989-09-29Referred To Dept Of Justice
• 1991-05-01Complaint Filed With Court
• 1994-07-28Final Order Lodged
• 1994-07-28Final Order Entered
• 1994-07-28Concluded
• 1998-08-21Enforcement Action Closed