EPA v. U.S. DEPARTMENT OF THE NAVY (NAVAL SUPPORT ACTIVITY ANNAPOLIS WWTP)

Case summary

On August 6, 2018 Acting Water Protection Division Director Dominique Lueckenhoff signed the Federal Facility Compliance Agreement, CWA-03-2018-0094 FF, for the wastewater treatment plant (WWTP) located at Naval Support Activity Annapolis (NSAA) in Maryland. U.S. Navy Commanding Officer ofNSAA, Captain Vince Baker, signed the agreement on behalf of the Navy. In February 2015, EPA and the Maryland Department of the Environment (MDE) began a coordinated effort to engage with NSAA and bring the facility into compliance with its NPDES permit effluent limits. NSAA met with the agencies to discuss the upgrade of the WWTP in February 2015 and NSAA provided a schedule of milestones for a two-phase upgrade to the WWTP to MOE and EPA. EPA and MOE agreed with the proposed schedule which has February 1, 2021 as the date by which the WWTP will be operating in compliance with its NPDES permit. A challenge NSAA faced in resolving this matter was obtaining funding for the upgrades. There had been significant delay due to the funding award process which included applications and bids. NSAA was in competition for funds. To raise awareness of the Clean Water Act violations at NSAA and enhance the priority for funding, an Opportunity to Confer Letter was sent by EPA to NSAA Commanding Officer Baker in March 2017. Funding was awarded to NSAA and upgrades have commenced. Phase I, which is due to be completed in September 2018, includes upgrades to the influent pump station, electrical system, and construction of a 150,000-gallon holding tank. Phase II is undergoing design and will be designed to meet the Total Nitrogen and Total Phosphorous standards in the 2015 permit.

Defendants (1)

• U.S. DEPARTMENT OF THE NAVYNamed in settlement

Facilities (4)

• NAVAL SUPPORT ACTIVITY (NSA) ANNAPOLIS WWTP

  107NS CARRS CREEK ROAD, ANNAPOLIS, MD, 21402

  Registry ID: 110000614087

• NAVAL SUPPORT ACTIVITY (NSA) ANNAPOLIS WWTP

  107NS CARRS CREEK ROAD, ANNAPOLIS, MD, 21402

  Registry ID: 110000614087

• NAVAL SUPPORT ACTIVITY (NSA) ANNAPOLIS WWTP

  107NS CARRS CREEK ROAD, ANNAPOLIS, MD, 21402

  Registry ID: 110000614087

• NAVAL SUPPORT ACTIVITY ANNAPOLIS WWTP

  107NS CARRS CREEK RD, ANNAPOLIS, MD, 21402

  Registry ID: 110070377930

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• U.S. DEPARTMENT OF THE NAVY (NAVAL SUPPORT ACTIVITY ANNAPOLIS WWTP)entered 2018-08-06

  Primary law: CWA

Timeline (4 milestones)

• 2018-08-06Final Order Issued
• 2018-09-28Enforcement Action Data Entered
• 2022-05-04Enforcement Action Closed
• 2022-05-04NPDES Closed