EPA v. WEST PENN POWER COMPANY

Case summary

On March 17, 2022, a CWA consent decree between co-plaintiffs EPA and PADEP and defendant West Penn Power was entered in federal district court. The substantive federal and state violations resolved relate to the failure to comply with permit effluent limitations for boron for discharges at two coal ash impoundment landfills in western Pennsylvania: the Mingo and Springdale landfills. Under the consent decree, West Penn Power will construct a new gravity pipeline to a new outfall location in a new receiving water for each landfill and will collect data on instream boron levels. West Penn Power will also pay a $610,000 civil penalty, evenly split between the United States and Pennsylvania. The CWA discharges at issue in this matter have the potential to degrade receiving streams, harm drinking water quality and harm aquatic life. Actions to reduce or eliminate future discharge violations will protect the receiving waters by reducing impacts from discharges not in compliance with the CWA. This is not an EJ community of concern.

Defendants (2)

• ALLEGHENY ENERGY SUPPLY COMPANY
• WEST PENN POWER LLCNamed in complaintNamed in settlement

Facilities (3)

• SPRINGDALE CLOSED ASH SITE

  RIDDLE RUN RD, SPRINGDALE, PA, 15144

  Registry ID: 110001103010

• SPRINGDALE CLOSED ASH SITE

  RIDDLE RUN RD, SPRINGDALE, PA, 15144

  Registry ID: 110001103010

• MITCHELL POWER STA

  50 ELECTRIC WAY, COURTNEY, PA, 15067

  Registry ID: 110010265961

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• WEST PENN POWER COMPANYentered 2022-03-17

  Primary law: CWA

  Federal penalty: $305,000 · State/local: $305,000

Timeline (5 milestones)

• 2017-09-25Referred To Dept Of Justice
• 2017-10-17Enforcement Action Data Entered
• 2022-01-11Final Order Lodged
• 2022-01-11Complaint Filed With Court
• 2022-03-17Final Order Entered