EPA v. HINDMAN, CITY OF

Case summary

THE CITY OF HINDMAN OWNS AND OPERATES A WASTEWATER TREAT- MENT FACILITY (PLANT) SERVING A POPULATION OF 876 (233 USERS). HINDMAN HAS BEEN ISSUED TWO NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) AND ONE KENTUCKY POLLUTANT DISCHARGE ELIMINATION SYSTEM (KPDES) PERMIT BY THE COMMONWEALTH OF KENTUCKY. AS A RESULT OF EFFLUENT LIMIT VIOLATIONS, THE CITY HAS BEEN ISSUED THREE ADMINISTRA- TIVE ORDERS AND ONE ENFORCEMENT COMPLIANCE SCHEDULE LETTER (ECSL). THE LATEST A.O. WAS ISSUED NOVEMBER 20, 1984, AND REQUIRED THE CITY TO SUBMIT A MUNICIPAL COMPLIANCE PLAN (MCP). THE CITY FAILED TO COMPLY WITH THIS ORDER BUT DID SUBMIT AN MCP ELEVEN MONTHS AFTER THE A.O. SCHEDULE DATE. DURING THE PERIODS OF BOTH OF THE NPDES PERMITS AND UNTIL 1985, THE CITY HAD NO DISCHARGE FROM THEIR PERMITTED OUTFALL AS ALL NINE LIFT STATIONS WERE INOPERATIVE AND NO WASTEWATER COULD REACH THE TREATMENT PLANT. DURING THIS PERIOD, THE CITY HAS NINE SEPARATE, UNPERMITTED DISCHARGE POINTS ALLOWING UNTREATED WASTEWATER TO ENTER TROBLESOM CREEK. IN LATE 1985, THE CITY REPLACED THE NINE LIFT STATIONS THEREBY ALLOWING THE WASTEWATER TO REACH THE TREATMENT PLANT. HOW- EVER, SINCE A TIMELY RENEWAL APPLICATION WAS NOT RECEIVED BY EPA, THE TREATMENT PLANT DISCHARGE IS NOT COVERED BY AN NPDES PERMIT.

Defendants (2)

• KENTUCKY, COMMONWEALTH OFNamed in complaintNamed in settlement
• HINDMAN, KENTUCKYNamed in complaintNamed in settlement

Facilities (1)

• HINDMAN CITY OF

  MAIN ST CITY HALL, HINDMAN, KY, 41822

  Registry ID: 110010719801

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• HINDMAN, CITY OFentered 1989-05-18

  Primary law: CWA

  Federal penalty: $2,500

Timeline (8 milestones)

• 1988-05-30Enforcement Action Data Entered
• 1988-06-30PRN Sent
• 1988-10-27Referred To Dept Of Justice
• 1989-02-08Complaint Filed With Court
• 1989-05-18Final Order Lodged
• 1989-05-18Final Order Entered
• 1989-05-18Concluded
• 1999-06-02Enforcement Action Closed