EPA v. POWHATAN COUNTY (DUTOY CREEK WWTP)

Case summary

On May 12, 2023, the Regional Judicial Officer executed a Final Order ratifying the Consent Agreement entered into by the Director of ECAD and Powhatan County ( Respondent ) for violations of its NPDES permit (NPDES Permit # VA0090727) effluent discharge limitations at the Dutoy Creek Wastewater Treatment Plant ( WWTP located in Powhatan, VA (the Facility ). Respondent is the owner and operator of the WWTP that discharges treated domestic wastewater from the Facility into Dutoy Creek, which is within the Middle James River watershed that ultimately discharges to the Chesapeake Bay. Respondent had thirty-six (36) permit effluent limit exceedances from the Facility from December 2018 through March 2022 consisting of ammonia, nitrogen, zinc, and E. Coli. In addition, the Respondent's current practices and procedures were not documented in its operation and maintenance ( O&M ) manual. Specifically, certain chemicals located at the Facility were not listed in Respondent's O&M manual. Under the terms of the Consent Agreement and Final Order, Respondent will pay a civil penalty of $20,000. EPA has coordinated with the Virginia Department of Environmental Quality 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)

• POWHATAN COUNTYNamed in complaintNamed in settlement

Facilities (2)

• DUTOY CREEK WASTEWATER TREATMENT PLANT

  2040 ANDERSON HWY, POWHATAN, VA, 23139

  Registry ID: 110071425297

• DUTOY CREEK WWTP

  2040 ANDERSON HWY, POWHATAN, VA, 23139

  Registry ID: 110071425297

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• POWHATAN COUNTY (DUTOY CREEK WWTP)entered 2023-05-12

  Primary law: CWA

  Federal penalty: $20,000

Timeline (4 milestones)

• 2023-05-12Final Order Issued
• 2023-05-12Complaint Filed/Proposed Order
• 2023-05-18Enforcement Action Data Entered
• 2023-06-13Enforcement Action Closed