EPA v. VICCO, CITY OF/SEWAGE TREATMENT PLANT

Case summary

NATURE OF THE CASE: THE CITY OF VICCO, KY, OWNS AND OPER- ATES A WWTP WHICH DISCHARGES TO CARRS FORK IN PERRY COUNTY, KY. . THE CITY HAS A POPULATION OF ABOUT 700, OF WHICH APPROXIMATELY 200 ARE SERVED BY THE WWTP. SINCE THE CITY OP- ERATES A WASTEWATER TREATMENT FACILITY WHICH DISCHARGES INTO A WATER OF THE U.S., THE CITY WAS CONTACTED BY REGION IV OF THE USEPA IN A LETTER OF JANUARY 7, 1977, AND REQUESTED TO APPLY FOR A NPDES PERMIT. A SECOND REQUEST FOR APPLICATION WAS MADE TO THE CITY ON AUGUST 30, 1978. AN ADMINISTRATIVE ORDER (NO. 78-280) WAS ISSUED ON DECEMBER 26, 1978, AFTER THE CITY HAD FAILED TO RETURN A COMPLETED NPDES PERMIT APP- LICATION. A NOTICE OF VIOLATION WAS SENT TO THE CITY ON JUNE 2, 1980, AFTER THE CITY FAILED TO COMPLY WITH ADMINIS- TRATIVE ORDER NO. 78-280. ON JANUARY 15, 1981, ANOTHER AD- MINISTRATIVE ORDER (NO. 81-82) WAS ISSUED BECAUSE THE CITY STILL HAD NOT APPLIED FOR A NPDES PERMIT FOR ITS WWTP. IN FEBRUARY, 1981, THE CITY SUBMITTED AN APPLICATION FOR A NPDES PERMIT. UPON RECEIPT OF THE APPLICATION, ADMINISTRA- TIVE ORDERS NO. 81-82 AND 78-280 WERE INACTIVATED. RECOMMENDED ACTION: BECAUSE THE CITY HAS FAILED TO MEET ITS OBLIGATIONS UNDER THE CWA BY NOT CORRECTING THE OPERA- TION AND MAINTENANCE PROBLEMS AT ITS TREATMENT FACILITY, & BECAUSE PREVIOUS EFFORTS BY EPA TO GET THE CITY TO COMPLY WITH ITS NPDES PERMIT CONDITIONS HAVE FAILED, THE ONLY AL- TERNATIVE LEFT TO BRING ABOUT COMPLIANCE IS TO TAKE LEGAL ACTION AGAINST THE CITY. THE GOVERNMENT SHOULD SEEK A PRELIMINARY INJUNCTION TO FORCE THE CITY OF VICCO TO SUBMIT DMRS AND INSURE THAT ALL OTHER PERMIT REQUIREMENTS ARE BEING SATISFIED.

Defendants (2)

• KENTUCKY, CITY OF VICCONamed in complaintNamed in settlement
• KENTUCKY, COMMONWEALTH OFNamed in complaintNamed in settlement

Facilities (2)

• VICCO CITY OF STP

  KY HWY 15, VICCO, KY, 41773

  Registry ID: 110009051809

• VICCO CITY OF STP

  KY HWY 15, VICCO, KY, 41773

  Registry ID: 110009051809

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• VICCO KENTUCKY, CITY OFentered 1985-08-02

  Primary law: CWA

Timeline (8 milestones)

• 1984-08-30Referred To Headquarters
• 1984-09-25Referred To Dept Of Justice
• 1984-09-30Referred TO U.S. Attorney
• 1984-10-02Complaint Filed With Court
• 1985-08-02Concluded
• 1985-08-02Final Order Lodged
• 1985-08-02Final Order Entered
• 1991-11-01Enforcement Action Closed