EPA v. ELKINS, CITY OF

Case summary

After seven years of case development and negotiation by EPA and DOJ, a Consent Decree and Civil Complaint was lodged in U.S. District Court in the Northern District of West Virginia on August 10, resolving Clean Water Act (CWA) violations by the City of Elkins, WV. The Consent Decree requires Elkins to implement its Long Term Control Plan over the next 12 years that addresses the discharge of more than 86 million gallons a year of untreated sewage from its combined collection system into the Tygart Valley River in violation of its NPDES permit and the CWA. In addition, the city will implement a yard waste pick-up and recycling program as a Supplemental Environmental Project (SEP) and pay a civil penalty of $64,800, which will be split equally between the U.S. and the State of West Virginia. The penalty amount is based on the city?s ability to pay the cost of the SEP.

Defendants (1)

• ELKINS, CITY OFNamed in complaintNamed in settlement

Facilities (3)

• ELKINS CITY HALL

  401 DAVIS AVENUE, ELKINS, WV, 26241

  Registry ID: 110011745059

• ELKINS CITY OF

  5 RIVERBEND RD, ELKINS, WV, 26241

  Registry ID: 110011745059

• HOUSING AUTHORITY - CITY OF ELKINS

  GATEWAY APARTMENTS - STODDARD AVENUE, ELKINS, WV, 26241

  Registry ID: 110011531789

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• ELKINS, CITY OFentered 2011-09-22

  Primary law: CWA

  Federal penalty: $32,400 · State/local: $32,400 · SEP: $115,500

Timeline (10 milestones)

• 2006-09-29Referred To Headquarters
• 2006-09-29Referred To Dept Of Justice
• 2006-09-29Information to DOJ
• 2006-10-05Enforcement Action Data Entered
• 2011-08-10Complaint Filed With Court
• 2011-08-10Final Order Lodged
• 2011-09-22Concluded
• 2011-09-22Final Order Entered
• 2011-09-22NPDES Closed
• 2011-09-22Enforcement Action Closed