EPA v. CLEARWATER, FL, CITY OF & STATE OF FLORIDA

Case summary

THE CITY OF CLEARWATER, FL. OWNS AND OPERATES THE MARSHALL STREET POLLUTION CONTROL FACILITY. THIS FACILITY PROVIDES WASTEWATER SERVICE TO APPROXIMATELY 50,000 PEOPLE. ON AUGUST 12, 1974, THE USEAP ISSUED TO THE CITY ITS FIRST NPDES PERMIT. THIS PERMIT, AS WELL AS SUBSEQUENT PERMIT ISSUED ON APRIL 18, 1980, ESTABLISHED EFFLUENT LIMITATIONS FOR THE CITY'S DISCHARGE. SINCE 1977, THE MARSHALL STREET PCF HAS BEEN UNABLE TO MEET THE EFFLUENT LIMITATIONS CONTAINED IN ITS PERMITS. THE PRIMARY REASON FOR THE CITY'S NONCOMPLIANCE IS THAT THE TREATMENT PLANT IS UNDERDESIGNED FOR ADVANCED WASTEWATER TREATMENT. MARSHALL STREET FPC WAS NEVER DESIGNED TO TREAT THE NITROGEN AND PHOSPHORUS COMPONENTS IN ITS EFFLUENT. THE CITY OF CLEARWATER, FLORIDA OWNS AND OPERATES THE EAST POLLUTION CONTROL FACILITY (EAST PCF) AND THE NORTHEAST POLLUTION CONTROL FACILITY (NORTHEAST PCF), PROVIDING WASTEWATER SERVICE TO APPROXIMATELY 70,000 PEOPLE. THE EAST PCF WAS ISSUED A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT NO. FL0021865 ON MAY 18, 1977, REQUIRING THE FACILITY TO ACHIEVE NO DISCHARGE TO SURFACE WATER BY JULY 1, 1977. BECAUSE THERE WAS NO PRATICAL WAY TO IMMEDIATELY CEASE ITS DISCHARGE TO OLD TAMPA BAY, AN ENFORCEMENT COMPLIANCE SCHEDULE LETTER WAS ISSUED ON JULY 28, 1977, SETTING INTERIM LIMITATIONS AND ESTABLISHING A COMPLIANCE SCHEDULE REQUIRING THE CITY TO CEASE ITS SURFACE DISCHARGE BY JULY 30, 1980. SINCE JULY 1, 1977, THE EAST PCF HAS BEEN UNABLE TO MEET THE FINAL EFFLUENT LIMITATION OF NO ALLOWABLE DISCHARGE. IN RESPONSE TO THESE VIOLATIONS, THE U.S. EPA ISSUED TWO ADMINISTRATIVE ORDERS TO THE CITY. THESE ORDERS AS, WELL AS THREE SUBSEQUENT ADMENDMENTS, ESTABLISHED A COMPLIANCE SCHEDULE FOR COMPLETING CONSTRUCTION OF A TREATMENT SYSTEM NECESSARY TO CEASE DISCHARGE BY JUNE 30, 1988. THE CITY HAS FAILE TO COMPLY WITH THE SCHEDULES CONTAINED IN THESE ORDERS. THE NORTHEAST PCF WAS ISSUED NPDES PERMIT NO. FL0031607 ON DECEMBER 15, 1975, WITH EFFECTIVE DATES OF JANUARY 29, 1976, THROUGH JANUARY 29, 1981, WHICH ALLOWED ONLY FOR A SUB- DRAINAGE DISCHARGE FROM A SPRAY IRRIGATION SYSTEM. THE SPRAY IRRIGATION WAS TO SERVE ONLY AS AN INTERIM TREATMENT FACILITY UNTIL A NEW TREATMENT SYSTEM WAS CONSTRUCTED. ALSO THE PERMIT REQUIRED THE CITY TO TIE INTO A REGIONAL TREAT- MENT SYSTEM AND CEASE ALL SUBDRAINAGE DISCHARGE TO SURFACE WATERS BY JANUARY 29, 1981. UNABLE TO MEET THE FINAL COMPLIANCE DATE IN THEIR PERMIT, THE CITY REQUESTED A SECTION 301(I) EXTENSION. THIS REQUEST WAS DENIED BY EPA ON MAY 8, 1979, PRINCIPALLY BECAUSE THE CITY COULD NOT DEMONSTRATE THAT IT COULD ACHIEVE FINAL COMPLIANCE BY JULY 1, 1983. ON OCTOBER 28, 1982, THE CITY COMPLETED CONSTRUC- TION OF A CONNECTING PIPELINE TO CARRY TREATED EFFLUENT FROM NORTHEAST AND EAST PCF'S OUTFALL. THE CITY SUBMITTED A PERMIT APPLICATION TO REFLECT THE NEW DISCHARGE CONDITION FOR BOTH THE NORTHEAST AND EAST PCFS. THE PERMIT RENEWAL APPLICATION FOR CONTINUED SURFACE DISCHARGE TO OLD TAMPA BAY WAS DENIED ON JUNE 29, 1984, BASED UPON A STATE WASTELOAD ALLOCATION OF ZERO DISCHARGE.

Defendants (2)

• CLEARWATER, FL CITY OFNamed in complaintNamed in settlement
• FLORIDA, STATE OFNamed in complaintNamed in settlement

Facilities (8)

• CLEARWATER CITY OF EAST PLANT

  GULF TO BAY BOULEVARD, CLEARWATER, FL, 34620

  Registry ID: 110000910649

• MARSHALL STREET POLLUTION CONT

  MARSHALL STREET & HARBOR DR, CLEARWATER, FL, 34620

  Registry ID: 110007454165

• MARSHALL STREET POLLUTION CONT

  MARSHALL STREET & HARBOR DR, CLEARWATER, FL, 34620

  Registry ID: 110007454165

• MARSHALL STREET POLLUTION CONT

  MARSHALL STREET & HARBOR DR, CLEARWATER, FL, 34620

  Registry ID: 110007454165

• MARSHALL STREET POLLUTION CONT

  MARSHALL STREET & HARBOR DR, CLEARWATER, FL, 34620

  Registry ID: 110007454165

• MARSHALL STREET POLLUTION CONT

  MARSHALL STREET & HARBOR DR, CLEARWATER, FL, 34620

  Registry ID: 110007454165

• CLEARWATER CITY OF EAST PLANT

  GULF TO BAY BOULEVARD, CLEARWATER, FL, 34620

  Registry ID: 110000910649

• MARSHALL STREET POLLUTION CONT

  MARSHALL STREET & HARBOR DR, CLEARWATER, FL, 34620

  Registry ID: 110007454165

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CLEARWATER, CITY OFentered 1989-01-18

  Primary law: CWA

  Federal penalty: $300,000

Timeline (7 milestones)

• 1987-12-28Referred To Dept Of Justice
• 1988-12-15Complaint Filed With Court
• 1989-01-18Final Order Lodged
• 1989-01-18Final Order Entered
• 1989-01-18Concluded
• 1994-03-14Enforcement Action Closed
• 1997-08-28Enforcement Action Data Entered