EPA v. BRODHEAD, CITY OF

Case summary

THE CITY OF BRODHEAD (CITY) OWNS AND OPERATEDS A WASTE- WATER TREATMENT FACILITY (PLANT) SERVING 340 HOUSEHOLDS. SINCE 1972, THE CITY HAS BEEN UNABLE TO MEET THE EFFLUENT LIMITATIONS ON ITS DISCHARGE OF POLLUTANTS TO SURFACE WATERS. THOSE LIMITATIONS ARE CONTAINED IN NATIONAL POLLU- TANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS, THE FIRST PERMITS ISSUED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) AND THE LAST PERMIT ISSUED BY THE COMMONWEALTH OF KENTUCKY. AS A RESULT, EPA HAS ISSUED FOUR ADMINISTRATIVE ORDERS TO THE CITY, PLACING IT ON SCHEDULE TO ACHIEVE PERMIT COMPLIANCE. THE CITY HAS FAILED TO ACHIEVE COMPLIANCE IN ACCORDANCE WITH THESE ORDERS. ON FEBRUARY 25, 1986, EPA HELD A SHOW CAUSE MEETING WITH THE CITY TO DISCUSS THE CITY'S NON-COMPLIANCE AND POSSIBLE EPA ENFORCEMENT ACTION. AT THAT TIME, THE CITY REQUESTED THAT EPA CLOSELY MONITOR THE FACILITY FOR SEVERAL MONTHS TO DOCUMENT THAT MINOR EQUIPMENT REPLACEMENT AND OPERATIONAL CHANGES WOULD BRING THE PLANT INTO COMPLIANCE. THIS EFFORT FAILED TO BRING THE PLANT INTO CONSISTENT COMPLIANCE. BOTH EPA AND KENTUCKY HAVE CONDUCTED MULTIPLE-DAY TECH- NICAL ASSISTANCE VISITS (MARCH, 1987 AND JUNE, 1985, RES- PECTIVELY) IN AN EFFORT TO OPTIMIZE THE PERFORMANCE OF THE PLANT. THE CITY HAS NOT IMPLEMENTED THE MAJOR RECOMMENDA- TIONS OF THE TWO STUDIES SUMMARIZING THOSE VISITS.

Defendants (2)

• BROADHEAD, KENTUCKY CITY OFNamed in complaintNamed in settlement
• KENTUCKY, COMMONWEALTH OFNamed in complaintNamed in settlement

Facilities (1)

• BRODHEAD CITY OF KY

  CITY HALL, BRODHEAD, KY, 40409

  Registry ID: 110010784491

Statutes cited

• CWA 402 — Clean Water Act

Enforcement conclusions (1)

• BRODHEAD, CITY OFentered 1989-01-31

  Primary law: CWA

  Federal penalty: $2,500

Timeline (9 milestones)

• 1988-05-30Enforcement Action Data Entered
• 1988-06-30PRN Sent
• 1988-10-27Referred To Dept Of Justice
• 1988-12-19Referred TO U.S. Attorney
• 1989-01-01Complaint Filed With Court
• 1989-01-31Final Order Lodged
• 1989-01-31Final Order Entered
• 1989-01-31Concluded
• 1999-05-13Enforcement Action Closed