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03-2022-0064Administrative - FormalClosedFY 2022· Region 03

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

Final Order With Penalty

Case summary

On May 12, 2022, EPA, Region III entered into a Consent Agreement and Final Order ( CAFO ) with the City of Martinsburg, WV, in which the City will pay $50,000 to settle CWA violations at its publicly-owned wastewater treatment plant ( WWTP ). Previously, on August 3, 2021, Region III filed an Administrative Order on Consent ( AOC ) entered into with the City of Martinsburg, which required the City to correct violations of its NPDES Discharge Permit (Permit No. WV0023167) at its WWTP. Cited violations included: (1) discharges of water exceeding WWTP Permit effluent discharge limitations; (2) outlet characteristics that were prohibited by the WWTP Permit; (3) violations of the Permit's operation and maintenance conditions, and (4) failure to address average monthly flow exceedances in November 2018 through March 2019, resulting in violations of Sections 301 and 402 of the CWA. The original AOC required the City to propose and implement (1) a corrective action plan to achieve compliance milestones within the timeframes outlined in the AOC; and (2) a preventative maintenance plan covering the WWTP's treatment and disinfection processes.

Defendants (1)

  • MARTINSBURG WV, CITY OFNamed in complaintNamed in settlement

Facilities (2)

  • CITY OF MARTINSBURG WASTEWATER TREATMENT PLANT (WWTP)

    500 E. JOHN STREET, MARTINSBURG, WV, 25401

    Registry ID: 110070681875

  • CITY OF MARTINSBURG WWTP

    500 E JOHN ST, MARTINSBURG, WV, 25402

    Registry ID: 110007872533

Statutes cited

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

Enforcement conclusions (1)

  • MARTINSBURG WV, CITY OF (CITY OF MARTINSBURG WASTEWATER TREATMENT PLANT (WWTP))entered 2022-05-12

    Primary law: CWA

    Federal penalty: $50,000

Timeline (5 milestones)

  • 2022-05-12Final Order Issued
  • 2022-05-12Complaint Filed/Proposed Order
  • 2022-05-24Enforcement Action Data Entered
  • 2022-06-16Enforcement Action Closed
  • 2022-06-16NPDES Closed

Case metadata

EPA activity ID
3603222006
Case number
03-2022-0064
Lead agency
EPA
EPA region
03
Voluntary self-disclosure
No
Primary statute
Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Sourced verbatim from EPA ECHO Enforcement Case Report for case 03-2022-0064 . 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.