EPA v. BONIFAY, CITY OF

Case summary

THE CITY OF BONIFAY (BONIFAY) OWNS AND OPERATES A WASTE- WATER TREATMENT FACILITY (PLANT) WITH A TOTAL 1987 POPU- LATION OF 2738, AND A STATE PRISON FACILITY WITH A 750 INMATE CAPACITY. IN ACCORDANCE WITH THE PROVISIONS OF THE FEDERAL WATER POLLUTION CONTROL ACT AS AMENDED (33 U.S.C. 1251 ET. SEQ;). THE CITY OF BONIFAY WAS ISSUED A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEMS (NPDES) PERMIT BY EPA, REGION IV, WHICH BECAME EFFECTIVE FEBRUARY 13, 1975, AND EXPIRED JUNE 30, 1977. BONIFAY DID NOT MAKE TIMELY APPLICATION FOR RENEWAL OF A SECOND NPDES PERMIT WHICH SHOULD HAVE BECOME EFFECTIVE JULY 1, 1977, AND EXPIRED JUNE 30, 1982. CONSEQUENTLY, FROM SAID EXPIRATION DATE UNTIL OCTOBER 1, 1984, THE EFFECTIVE DATE OF ITS SUBSEQUENT NPDES PERMIT, BONIFAY MAINTAINED A CONTINUOUS UNPERMITTED WASTE- WATER DISCHARGE TO SURFACT WATERS OF THE UNITED STATES. SINCE OCTOBER 1, 1984 BONIFAY HAS CHRONICALLY VIOLATED FINAL EFFLUENT LIMITS CONTAINED IN ITS NPDES PERMIT, MOST FREQUEN- TLY FOR FIVE-DAY BIOCHEMICAL OXYGEN DEMAND (BOD5), TOTAL SUSPENDED SOLIDS (TSS), TOTAL RESIDUAL CHLORIDE (TRC), AND PERCENT REMOVAL REQUIREMENTS. AS A RESULT, EPA DETERMINED THAT BONIFAY'S EXISTING WASTE- WATER TREATMENT FACILITIES ARE INADEQUATE TO ACHIEVE NPDES COMPLIANCE AND ISSUED ADMINISTRATIVE ORDER NUMBER 85-235 (WSSS) ( ORDER ) ON JUNE 14, 1985. THIS ORDER GRANTED INTERIM EFFLUENT LIMITATIONS AND IMPOSED A COMPLIANCE SCHEDULE WITH A FINAL NPDES COMPLIANCE DATE OF FEBRUARY 28, 1986. THIS ORDER WAS AMENDED BY LETTER ON NOVEMBER 7, 1985, EXTENDING THE FINAL COMPLIANCE DATE TO APRIL 30, 1986. DUE TO CONSTRUCTION DELAYS, FAILURE OF NEW EQUIPMENT TO OPERATE PROPERLY, AND DESIGN ERRORS IN THE UPGRADED TREATMENT FACILITY, BONIFAY WAS UNABLE TO COMPLY WITH SAID AMENDED ORDER'S COMPLIANCE SCHEDULE.

Defendants (2)

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

Facilities (1)

• BONIFAY CITY OF POTW

  911 EAST BAY AVE, BONIFAY, FL, 32425

  Registry ID: 110006645194

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BONIFAY, CITY OFentered 1990-03-12

  Primary law: CWA

  Federal penalty: $10,000

Timeline (8 milestones)

• 1988-06-30Enforcement Action Data Entered
• 1988-06-30PRN Sent
• 1989-03-06Referred To Dept Of Justice
• 1989-12-19Complaint Filed With Court
• 1990-03-12Final Order Lodged
• 1990-03-12Final Order Entered
• 1990-03-12Concluded
• 1997-03-26Enforcement Action Closed