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03-2021-0054Administrative - FormalClosedFY 2021· Region 03

EPA v. MARTINSBURG, CITY OF WV (MARTINSBURG, CITY OF MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4))

Final Order No Penalty

Case summary

On April 5, 2021, Region III entered into an Administrative Order on Consent ( AOC ) with the City of Martinsburg ( City ) which requires the City to correct violations of its NPDES Municipal Separate Storm Sewer System ( MS4 ) Permit. These violations include the City's (1) failure to meet MCM 3 requirements, relating to Illicit Discharge Detection And Elimination ( IDDE ); (2) failure to meet MCM 5 requirements, relating to Controlling Runoff from New Development and Redevelopment; (3) failure to meet MCM 6 requirements, pertaining to Pollution Prevention and Good Housekeeping for Municipal Operations; and (4) failure to meet requirements pertaining to Stormwater Monitoring. The City agreed to enter into this AOC to address these violations. Pursuant to the AOC, the City will: (1) propose, for EPA review and approval, a Corrective Action Plan (?CAP?) which will achieve certain milestones within the timeframes outlined in the AOC; (2) develop IDDE spill response procedures; and (3) develop a standard operating procedure (?SOP?), formal enforcement procedure, and inspection calendar, for conducting required inspections and enforcing maintenance agreements for private BMPs.

Defendants (1)

  • MARTINSBURG, CITY OF WEST VIRGINIANamed in settlement

Facilities (2)

  • MARTINSBURG, CITY OF MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

    232 NORTH QUEEN STREET, MARTINSBURG, WV, 25401-3314

    Registry ID: 110000868080

  • MARTINSBURG, CITY OF MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

    232 NORTH QUEEN STREET, MARTINSBURG, WV, 25401-3314

    Registry ID: 110000868080

Statutes cited

  • CWA 301/402NPDES Permit Violations

Enforcement conclusions (1)

  • MARTINSBURG, CITY OF WV (MARTINSBURG, CITY OF MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4))entered 2021-04-05

    Primary law: CWA

Timeline (3 milestones)

  • 2021-04-05Final Order Issued
  • 2021-04-07Enforcement Action Data Entered
  • 2023-11-07Enforcement Action Closed

Case metadata

EPA activity ID
3602480610
Case number
03-2021-0054
Lead agency
EPA
EPA region
03
Voluntary self-disclosure
No
Primary statute
NPDES Permit Violations

Sourced verbatim from EPA ECHO Enforcement Case Report for case 03-2021-0054 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.