EPA v. MARTINSBURG WV, CITY OF (CITY OF MARTINSBURG WASTEWATER TREATMENT PLANT (WWTP))

Case summary

On August 3, 2021, Region III entered into an Administrative Order on Consent ( AOC ) with the City of Martinsburg, West Virginia ( City ) which requires the City to correct violations of its NPDES Wastewater Treatment Plant ( WWTP ) Permit. These violations included: (1) discharges of water to Outlet No. 001 in exceedance of WWTP Permit effluent discharge limitations; (2) characteristics at Outlet No. 001 that were prohibited by the WWTP Permit; (3) failure to operate and maintain all facilities and systems of treatment and control (and related appurtenances) in compliance with the conditions of the WWTP Permit; and (4) failure to address average monthly flow exceedances in November 2018 through March 2019 through a Plan of Action. As a result of these failures to comply with the terms and conditions of the WWTP Permit, the City violated Section 301 of the CWA, 33 U.S.C. 1311. The City agreed to enter into the AOC to address these violations, and will propose, for EPA review and approval: (1) a Corrective Action Plan ( CAP ) which meets the requirements set forth in this AOC, and when implemented, will achieve certain milestones within the timeframes outlined in the AOC; (2) a Preventative Maintenance Plan ( PMP ) which details the specific preventative maintenance requirements for each primary treatment, secondary treatment, and disinfection process or other equipment critical for optimal plant operation. EPA has consulted with the State of West Virginia Department of Environmental Protection ( WVDEP ) during the development of this action, and mailed a copy of the fully-executed AOC to the appropriate WVDEP representative.

Defendants (1)

• MARTINSBURG WV, CITY OFNamed in settlement

Facilities (2)

• CITY OF MARTINSBURG WWTP

  500 E JOHN ST, MARTINSBURG, WV, 25402

  Registry ID: 110007872533

• CITY OF MARTINSBURG WASTEWATER TREATMENT PLANT (WWTP)

  500 E. JOHN STREET, MARTINSBURG, WV, 25401

  Registry ID: 110070681875

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (2)

• MARTINSBURG WV, CITY OF (CITY OF MARTINSBURG WASTEWATER TREATMENT PLANT (WWTP))entered 2022-03-22

  Primary law: CWA

• MARTINSBURG WV, CITY OF (CITY OF MARTINSBURG WASTEWATER TREATMENT PLANT (WWTP))entered 2021-08-03

  Primary law: CWA

Timeline (2 milestones)

• 2021-08-13Enforcement Action Data Entered
• 2022-03-22Final Order Issued