EPA v. LANCASTER, CITY OF, PENNSYLVANIA

Case summary

THE CITY OF LANCASTER, PA (CITY) OWNS AND OPERATES APPROXIMATELY 88 MILES OF COMBINED SEWER PIPES AND 60 MILES OF SEPARATE SANITARY SEWER PIPES, FIVE (5) COMBINED SEWER OVERFLOWS (CSO) OUTFALLS ON THE CONESTOGA, RIVER, A WASTEWATER TREATMENT PLANT KNOWN AS THE ADVANCED WASTEWATER TREATMENT PLANT (WWTP), 8 PUMP STATIONS, MANHOLES, AND ASSOCIATED APPURTENANCES. THIRTEEN TRIBUTARY MUNICIPALITIES CONVEY THEIR WASTEWATER OF LANCASTER'S WWTP FOR TREATMENT AND SUBSEQUENT DISCHARGE TO THE CONESTOGA RIVER. THE SYSTEM'S SERVICE POPULATION IS APPROXIMATELY 130,000 PERSONS. THE COMPLAINT SEEKS INJUNCTIVE AND CIVIL PENATIES AND ALLEGES FOUR CLAIMS UNDER THE CWA AND THE PENNSYLVANIA CLEAN STREAMS LAW ACT. THESE CLAIMS ARE: (1) FAILURE TO DEVELOP AND IMPLEMENT AN ADQUATE LONG-TERM CONTROL PLAN; (2) FAILURE TO COMPLY WITH NPDES PERMIT EFFLUENT DISCHARGE LIMITATIONS; 3) FAILURE TO COMPLY WITH NPDES PERMIT CONDITIONS REGARDING IMPLEMENTATION THE NINE MINIMUM CONTROLS; AND (4) UNAUTHORIZED DISCHARGES INTO NAVIGABLE WATERS, INCLUDING SANITARY SEWER OVERFLOWS. THE CONSENT DECREE RESOLVES THE CITY'S CWA AND PENNSYVANIA CLEAN STREAMS LAW VIOLATIONS. THE CONSENT DECREE REQUIRES THE CITY TO COMPLETE EARLY ACTION PROJECTS AND TO DEVELOP AND IMPLEMENT A LONG-TERM CONTROL PLAN (LTCP) TO ADDRESS COMBINES SEWER OVERFLOWS (CSOs). THE LTCP SHALL CONFORM TO THE REQUIREMENTS OF EPA'S CSO POLICY AND THE EPA 1995 CSO LTCP GUIDANCE. THE WORK UNDER THE CONSENT DECREE WILL BE COMPLETED OVER THE NEXT TWENTY YEARS. SINCE 2010, THE CITY HAS IMPLEMENTED, AND IS CONTINUING TO IMPLEMENT, AN INTEGRATED GREEN INFRASTRUCTURE PROGRAM THROUGH WHICH IT HAS CONSTRUCTED OR INITIATED CONSTRUCTION 45 GREEN INFRASTRUCTURE PROJECTS THROUGHOUT THE CITY OF LANCASTER. UNDER THE CONSENT DECREE, THE CITY WILL DOCUMENT ITS IMPLEMENTATION OF ITS EXISTING GREEN INFRASTRUCTURE PROGRAM, AND THE CITY ALSO HAS THE OPPORTUNITY O INCLUDE GREEN INFRASTRUCTURE PROJECTS IN ITS LTCP.

Defendants (1)

• LANCASTER, CITY OF PENNSYLVANIANamed in complaintNamed in settlement

Facilities (2)

• LANCASTER CITY WWTP

  1220 NEW DANVILLE PIKE, LANCASTER, PA, 17603-9603

  Registry ID: 110000571747

• LANCASTER CITY WWTP

  1220 NEW DANVILLE PIKE, LANCASTER, PA, 17603-9603

  Registry ID: 110000571747

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• LANCASTER, CITY OF, PENNSYLVANIAentered 2018-02-27

  Primary law: CWA

  Federal penalty: $67,500 · State/local: $67,500 · SEP: $2,000,000

Timeline (5 milestones)

• 2014-07-07Referred To Dept Of Justice
• 2014-07-24Enforcement Action Data Entered
• 2017-12-19Complaint Filed With Court
• 2017-12-20Final Order Lodged
• 2018-02-27Final Order Entered