EPA v. FRANKFORT PUBLIC SERVICE DISTRICT (FRANKFORT PUBLIC SERVICE DISTRICT WASTEWATER TREATMENT PLANT)

Case summary

On February 10, 2023, the Regional Judicial Officer executed a Final Order ratifying the Consent Agreement entered into by the Director of ECAD and Frankfort Public Service District ( Frankfort PSD or Respondent ) for violations of its NPDES permit (NPDES Permit # WV0105988) effluent discharge limitations at the Frankfort PSD Wastewater Treatment Plant ( WWTP ) located in Ridgeley, WV (the Facility ). Respondent is the owner and operator of the municipal WWTP that discharges domestic wastewater from the Facility into the Patterson Creek, which flows into the North Branch of the Potomac River. Section 301 of the CWA, 33 U.S.C.1311, prohibits the discharge of any pollutant from a point source to a water of the United States, except in compliance with (among other things) an NPDES permit issued pursuant to Section 402 of the CWA, 33 U.S.C. ? 1342. Respondent had twenty-three (23) effluent permit limit exceedances from the Facility since June 2018 through October 2021 consisting of, among other things, Biological Oxygen Demand (BOD), fecal coliform, and suspended solids. Respondent also failed to properly sample and failed to properly operate and maintain the wastewater treatment plant. Under the terms of the Consent Agreement and Final Order, Respondent will pay a civil penalty of $20,000. EPA has coordinated with the West Virginia Department of Environmental Protection throughout the enforcement process. The EJSCREEN assessment indicates that the Facility is NOT located in an area of potential EJ concern. This Consent Agreement and Final Order initiates and concludes this penalty action.

Defendants (1)

• FRANKFORT PUBLIC SERVICE DISTRICTNamed in complaintNamed in settlement

Facilities (2)

• FRANKFORT PUBLIC SERVICE DISTRICT WASTEWATER TREATMENT PLANT

  3232 PATTERSON CREEK VALLEY PIKE, RIDGELEY, WV, 26753

  Registry ID: 110071374475

• FRANKFORT PUBLIC SERVICE DISTRICT

  3232 PATTERSON CREEK VALLEY PIKE, RIDGELEY, WV, 26753

  Registry ID: 110039409672

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• FRANKFORT PUBLIC SERVICE DISTRICT (FRANKFORT PUBLIC SERVICE DISTRICT WASTEWATER TREATMENT PLANT)entered 2023-02-10

  Primary law: CWA

  Federal penalty: $20,000

Timeline (5 milestones)

• 2023-02-10Final Order Issued
• 2023-02-10Complaint Filed/Proposed Order
• 2023-02-15Enforcement Action Data Entered
• 2023-03-15NPDES Closed
• 2023-03-15Enforcement Action Closed