EPA v. POTOMAC ELECTRIC POWER COMPANY (PEPCO)

Case summary

A Consent Decree (CD) was issued on May 19 to Potomac Electric Power Company (PEPCO) to settle stormwater effluent violations of metals and other pollutants discharged from Outfall 013 to the Anacostia River between 2012 and 2016. To achieve full compliance with its National Pollutant Discharge Elimination System permit, PEPCO will install a treatment system at Outfall 013 that will provide in-pipe treatment to reduce concentrations of dissolved and particulate metals. PEPCO will also design and construct a stormwater retention project that will treat stormwater at Outfall 101. Siting of these projects is scheduled for completion no later than December 31, 2017 and June 30, 2018, respectively. Continued implementation of best management practices, including drainage system maintenance, employee training, and recordkeeping, are expected. Injunctive relief, penalties and interest are estimated at $2.5 million.

Defendants (1)

• POTOMAC ELECTRIC POWER COMPANY (PEPCO)Named in complaintNamed in settlement

Facilities (4)

• BENNING GENERATING STATION

  3400 BENNING ROAD NE, WASHINGTON, DC, 20019

  Registry ID: 110000499531

• PEPCO - BENNING

  3300 BENNING ROAD, N.E., WASHINGTON, DC, 20019

  Registry ID: 110000499531

• PEPCO - BENNING

  3300 BENNING ROAD, N.E., WASHINGTON, DC, 20019

  Registry ID: 110000499531

• BENNING GENERATING STATION

  3400 BENNING ROAD NE, WASHINGTON, DC, 20019

  Registry ID: 110000499531

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• POTOMAC ELECTRIC POWER COMPANY (PEPCO)entered 2017-05-19

  Primary law: CWA

  Federal penalty: $1,600,000 · State/local: $1,605,429

Timeline (6 milestones)

• 2015-05-21Referred To Dept Of Justice
• 2015-05-27Enforcement Action Data Entered
• 2015-10-30Complaint Filed With Court
• 2017-01-13Final Order Lodged
• 2017-05-19Final Order Entered
• 2022-04-11Demand for Stipulated Penalties