EPA v. PAHOKEE, CITY OF

Case summary

THE CITY OF PAHOKEE, FL. OWNS AND OPERATES AN ADVANCED WWT PLANT DISCHARGE FROM WHICH ENTERS AN IRRIGATION CANAL AND THEN ENTERS LAKE OKEECHOBEE. PART OF THIS PLANT WAS BUILT IN 1976 WITH FEDERAL FUNDS PURSUANT TO PUBLIC LAW 92-500. IT WAS ORIGINALLY INTENDED THAT THE DISCHARGE, IF ANY, WOULD BE MINIMAL BECAUSE THE ORIGINAL PLANT DESIGN INCLUDED A PERCOLATION POND. THIS POND DID NOT WORK AS SUCH, HAS BECOME OVERGROWN WITH VEGETATION, AND SERVES NOW AS AN EFFLUENT CHANNEL. SINCE THE EFFECTIVE DATE OF THE NPDES PERMIT DATED JULY 24, 1980, PAHOKEE HAS BEEN UNABLE TO MEET ITS FINAL EFFLUENT LIMITATIONS. THE CITY HAS HAD CONTINUED PROBLEMS IN MEETING THE FINAL EFFLUENT LIMITATIONS WATER QUALITY STANDARDS, AS WELL AS A REQUIREMENT THAT THE IN ITS PERSENT PERMIT, ISSUED SEPTEMBER 30, 1985. IN ADDITION, INSPECTIONS BY EPA, THE STATE, AND THE CENTER FOR TRAINING, RESEARCH, AND EDUCATION FOR ENVIRONMENTAL OCCUPA- TIONS, OF THE UNIVERSITY OF FLORIDA, INDICATE THAT PAHOKEE HAS CONTINUALLY FAILED TO PROPERLY OPERATE AND MAINTAIN THE FACILITY.

Defendants (2)

• FLORIDA, STATE OFNamed in complaintNamed in settlement
• PAHOKEE, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• PAHOKEE, CITY OF

  1050 MCCLURE ROAD, PAHOKEE, FL, 33476

  Registry ID: 110039825927

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PAHOKEE, CITY OFentered 1989-05-31

  Primary law: CWA

  Federal penalty: $45,000

Timeline (8 milestones)

• 1988-02-03Referred To Dept Of Justice
• 1988-04-21Referred TO U.S. Attorney
• 1988-04-29Complaint Filed With Court
• 1989-05-31Final Order Lodged
• 1989-05-31Final Order Entered
• 1989-05-31Concluded
• 1991-08-23Enforcement Action Closed
• 1998-07-14Enforcement Action Data Entered