EPA v. CARLISLE, CITY OF

Case summary

THE CITY OF CARLISLE OWNS AND OPRATES A WASTEWATER TREAT- MENT FACILITY (PLANT) SERVING A POPULATION OF 1,500. CARLISLE HAS BEEN ISSUED THREE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA). AS A RESULT OF EFFLUENT LIMIT VIOLATIONS, THE CITY HAS BEEN ISSUED THREE ADMINISTRATIVE ORDERS. THE LASTEST, ISSUED ON MARCH 21, 1985, PLACED THE CITY UNDER A SCHEDULE TO ACHIEVE PERMIT COMPLIANCE. THE CITY HAS FAILED TO COMPLY WITH THE ORDER. ON JULY 9, 1986, EPA HELD A SHOW CAUSE MEETING WITH THE CITY TO DISCUSS ITS NONCOMPLIANCE AND POSSIBLE EPA ENFORCE- MENT ACTION. AT THAT TIME, THE CITY CONTENDED THAT IT HAD INCURRED A $1,000,000 DEBT AND COULD NOT AFFORD TO CONSTRUCT ADDITIONAL TREATMENT UNITS. IN ADDITION, CARLISLE WAS NOT ON THE PRIORITY LIST FOR RECEIPT OF EPA GRANT FUNDS. CITY PERSONNEL, HOWEVER, WERE REPAIRING THE EXISTING SEWAGE COLLECTION SYSTEM.

Defendants (2)

• CARLISLE, KY CITY OFNamed in complaintNamed in settlement
• KENTUCKY, COMMONWEALTH OFNamed in complaintNamed in settlement

Facilities (1)

• CARLISLE

  CITY HALL BLDG 107 CHESTNUT ST, CARLISLE, KY, 40311

  Registry ID: 110010581655

Statutes cited

• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• CARLISLE, CITY OFentered 1988-09-21

  Primary law: CWA

  Federal penalty: $3,500

Timeline (7 milestones)

• 1988-03-25PRN Sent
• 1988-06-23Referred To Dept Of Justice
• 1988-07-22Complaint Filed With Court
• 1988-09-21Final Order Lodged
• 1988-09-21Final Order Entered
• 1988-09-21Concluded
• 1992-01-28Enforcement Action Closed