EPA v. YORK, CITY OF SEWER AUTHORITY, YORK CITY & PA AMERICAN WATER CO. (YORK WASTEWATER TREATMENT PLANT)

Case summary

On September 29, 2021, EPA Region III entered into an Administrative Order on Consent, with the City of York, Pennsylvania, the York Sewer Authority and Pennsylvania-American Water Company, addressing CWA NPDES Permit Violations at the City of York, PA, Wastewater Treatment Plant (the WWTP). The AOC sets forth several significant violations of the CWA and extensive injunctive relief intended to achieve future compliance with the CWA, The cited violations include: a) during January 1, 2017 through July 31, 2020, the WWTP experienced at least forty-two (42) effluent limit exceedances from Outfall 001 and fifteen (15) effluent limit exceedances from Outfall 002 and b) during a May 29, 2019, Inspection, EPA inspectors were informed that systems are typically taken offline (i.e. there was no treatment of the influent, only flow through of the influent occurred) during wet weather events as influent flows approach 25 to 26 MGD and during July 2018 through May 2019, this practice resulted in at least five bypass events, whereby a mixture of stormwater, groundwater and partially treated wastewater was discharged from Outfall 001 to Codorus Creek. The required injunctive relief includes numerous projects or areas of work, including: 1) annual WWTP Operator Certification submissions to EPA; 2) replacement of a 7 mgd screw pump; 3) partial or total replacement and/or upgrade of the existing WWTP supervisory control and data acquisition (SCADA) System; 4) WWTP work order system installation, implementation, and training; 5) stormwater and storm related diverted effluent flow rate monitoring, analysis & reporting; 6) assessment, evaluation and report on hydraulic capacity and non-wastewater infiltration/inflow, including groundwater, to stormwater Outfall 001 (Outfall 001 System Study Report); 7) Outfall 001 System Corrective Action and Maintenance Plan based upon the Outfall 001 System Study Report (including implementation of projects to ensure effective performance of the Outfall 001 chlorination and de-chlorination systems and monitoring and maintenance of stormwater system through completion of AOC), 8) design, permitting, construction and operation of improvements to the chlorination system, including as appropriate installation of new equipment, that is associated with Outfall 001 (Outfall 001 Disinfection Systems); 9) evaluation of current and future monitoring and non-chlorination treatment systems for Diverted Train #2 Effluent (i.e. development of Diverted Train #2 Effluent Treatment Corrective Action Plan) and 10) implementation of an EPA-approved Diverted Train #2 Effluent Treatment Corrective Action Plan. Implementation of the York WWTP AOC is anticipated to take place over several years. Respondent Pennsylvania-American Water Company (PAWC) is a prospective purchaser Respondent as the parties contemplate that PAWC will become the owner and operator of the Facility during calendar year 2022. EPA Region III?s EJ Screen Analysis supports the following findings: i) one or more of the eleven Primary EJ Indexes is at or above the 80th percentile in the nation and state for the York WWTP and a one-mile radius around the Facility and ii) the area around the Facility also exceeds the state average for the percentage of low-income populations and for minority populations, therefore, the York WWTP is considered to be in an area of potential EJ concern according to Region III?s protocol. EPA Region III has consulted with PADEP regarding this investigation and the scope of this AOC.

Defendants (3)

• PENNSYLVANIA AMERICAN WATER COMPANYNamed in settlement
• YORK CITYNamed in settlement
• YORK, CITY OF SEWER AUTHORITYNamed in settlement

Facilities (2)

• YORK CITY STP

  1701 BLACK BRIDGE RD, YORK, PA, 17402-1911

  Registry ID: 110006625722

• YORK WASTEWATER TREATMENT PLANT

  1701 BLACK BRIDGE ROAD, YORK, PA, 17402

  Registry ID: 110006625722

Statutes cited

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

Enforcement conclusions (1)

• YORK, CITY OF SEWER AUTHORITY, YORK CITY & PA AMERICAN WATER CO. (YORK WASTEWATER TREATMENT PLANT)entered 2021-09-29

  Primary law: CWA

Timeline (2 milestones)

• 2021-09-29Final Order Issued
• 2021-10-06Enforcement Action Data Entered