EPA v. ELKINS, CITY OF, WEST VIRGINIA

Case summary

THE CITY OF ELKINS HAD BEEN DISCHARGING WASTEWATER TREATMENT EFFLUENT THAT HAS EXCEEDEEDE THE LIMIT FOR COPPER FROM JULY 2013 THROUGH DECEMBER 2015. THE ADMINISTRATIVE ORDER REQUIRES THE CITY TO TAKE ALL STEPS NECESSARY TO COMPLY WITH THE PERMIT EFFLUENT LIMITATIONS. On August 1, 2016 the Region 3 Water Protection Division issued a Clean Water Act Administrative Order (AO), CWA-03-2016-0048DN, and Section 308 Information Requirement to the City of Elkins, West Virginia. The City of Elkins is party to a Judicial Consent Decree to cease dry weather discharges and perform upgrades to its combined sewer system. The AO requires the City to come into compliance with its Permit copper effluent limit. A separate Information Requirement was sent concurrently to the City requiring it to conduct monitoring for copper. The purpose of the monitoring and reporting is to inform the City, West Virginia Department of Environmental Protection, and US EPA of the source of copper within the City�s wastewater; and inform the permit renewal process. The current permit is set to expire November 2016. EPA and WVDEP worked together to develop the AO and Information .

Defendants (1)

• ELKINS, CITY OF WEST VIRGINIANamed in settlement

Facilities (1)

• ELKINS CITY HALL

  401 DAVIS AVENUE, ELKINS, WV, 26241

  Registry ID: 110011745059

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• ELKINS, CITY OF, WEST VIRGINIAentered 2016-08-01

  Primary law: CWA

Timeline (2 milestones)

• 2016-08-01Final Order Issued
• 2016-08-30Enforcement Action Data Entered