EPA v. MIDDLESBORO, CITY OF ET AL(& TANNERY)

Case summary

SYNOPSIS: THE CITY OF MIDDLESBORO (HEREINAFTER THE CITY) OPERATES A WASTEWATER TREATMENT PLANT IN MIDDLESBORO, KENTUCKY. NPDES PERMIT NUMBER KY0027235 WAS INITIALLY ISSUED ON JULY 17, 1975, RE-ISSUED ON JULY 1, 1977, AND RE-ISSUED AGAIN ON DECEMBER 10, 1982, FOR THE OPERATION OF THE WASTEWATER TREATMENT SYSTEM SERVING THE CITY (ATTACHMENT 1). ON NOV- EMBER 23, 1982, AN ADMINISTRATIVE ORDER (ORDER) WAS ISSUED SETTING SCHEDULES FOR COMPLYING WITH NPDES LIMITS AND SET- TING SCHEDULES FOR COMPLYING WITH NPDES LIMITS AND SETTING INTERIM EFFLUENT LIMITS. THE ORDER ALSO REQUIRED THE CITY TO INSTALL A COLOR REMOVAL SYSTEM BY APRIL 1, 1983 AND CON- STRUCT A NEW WASTEWATER TREATMENT PLANT BY OCTOBER 1985 (ATTACHMENT 2). THE CITY'S WASTEWATER TREATNMENT FACILITY HAS BEEN UN- ABLE TO COMPLY WITH THE EFFLUENT LIMITATIONS IN ITS NPDES PERMIT AND THE ADMINISTRATIVE ORDER IMPOSED BY EPA. SPECI- FICALLY, THE CITY HAS EXCEEDED EFFLUENT LIMITATIONS FOR TOTAL SUSPENDED SOLIDS (TSS), TOTAL CHROMIUM, FREE CYANIDE TOTAL MERCURY, TOTAL PHENOLS, DISSOLVED OXYGEN, FECAL COLI- FORM, AND TOTAL COLOR. IN ADDITION, THE CITY HAS FAILED TO REMOVE AT LEAST 85% OF THE INFLUENT BOD AND TSS AS REQUIRED BY THE PERMIT. ALSO, THE CITY HAS FAILED TO: 1) TAKE RE- PRESENTATIVE SAMPLES; 2) FOLLOW REQUIRED TEST PROCEDURES; 3) RECORD REQUIRED ANALYTICAL DATA; AND 4) MAINTAIN THE TREATMENT FACILITY IN GOOD WORKING ORDER AND OPERATE IT AS EFFICIENTLY AS POSSIBLE. IN ADDITION, THE CITY HAS FAILED TO INSURE THAT THE INDUSTRIAL DISCHARGERS PERMITTED TO USE THE SYSTEM MEET NATIONAL PRETREATMENT STANDARDS SPECIFIED IN 40 CFR 403.5 (ATTACHMENT 3). THE CITY HAS ALLOWED MIDDLESBORO TANNING COMPANY TO DISCHARGE POLLUTANTS IN QUANTITIES OR CONCENTRATIONS WHICH EITHER PASS THROUGH THE SEWAGE TREATMENT PLANT OR INTERFERE WITH THE OPERATION OR PERFORMANCE OF THE PLANT CAUSING OR SIGNIFICANTLY CONTRIBU- TING TO VIOLATIONS OF THE PERMITS AND ORDER. SEVERAL SHOW CAUSE MEETINGS HAVE BEEN HELD WITH THE CITY AND TANNERY TO DISCUSS NONCOMPLIANCE PROBLEMS AND TO OBTAIN COMMITMENTS TO CORRECT THESE PROBLEMS.

Defendants (3)

• KENTUCKY, COMMONWEALTH OFNamed in complaintNamed in settlement
• MIDDLESB TANNING CO DELAWARENamed in complaintNamed in settlement
• MIDDLESBORO, KY. CITY OFNamed in complaintNamed in settlement

Facilities (2)

• MIDDLESBORO TANNERY

  PINEVILLE PIKE, MIDDLESBORO, KY, 40965

  Registry ID: 110013802554

• MIDDLESBORO TANNERY

  PINEVILLE PIKE, MIDDLESBORO, KY, 40965

  Registry ID: 110013802554

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MIDDLESBORO, KY, CITY OFentered 1986-01-24

  Primary law: CWA

  Federal penalty: $50,000

Timeline (8 milestones)

• 1983-10-21Referred To Dept Of Justice
• 1984-01-05Referred TO U.S. Attorney
• 1984-01-17Complaint Filed With Court
• 1986-01-24Final Order Lodged
• 1986-01-24Final Order Entered
• 1986-01-24Concluded
• 1997-08-28Enforcement Action Data Entered
• 1998-09-08Enforcement Action Closed