EPA v. WILDWOOD, CITY OF

Case summary

THE CITY OF WILDWOOD OWNS AND OPERATES A SEWAGE TREATMENT FACILITY SERVING A POPULATION OF 3,500. THE FACILITY DISCHARGES TO LAKE PANASOFFKEE VIA LAKE PANASOFFKEE SWAMP, WHICH HAS BEEN CERTIFIED A CLASS III WATER BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION (FDER). THE FDER DETERMINED THAT NO DISCHARGE OF MUNICIPAL WASTEWATER INTO THIS BODY MAY BE ALLOWED AT THIS LOCATION. THE CITY'S APPLICATION FOR A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDEA) PERMIT WAS DENIED BY EPA ON AUGUST 23, 1984. ADMINISTRATIVE ORDER 85-100, ISSUED ON JANUARY 30, 1985, REQUIRED THE CITY TO SUBMIT A MUNICIPAL COMPLIANCE PLAN TO CEASE DISCHARGE. THE PLAN WAS NEVER SUBMITTED. ADMINISTRA- TIVE ORDER 85-311, SUBSEQUENTLY ISSUED ON SEPTEMBER 20, 1985 REQUIRED THE CITY TO CEASE DISCHARGE BY JUNE 30, 1988, IN ACCORDANCE WITH THE NATIONAL MUNICIPAL POLICY. THE CITY HAS FAILED TO CEASE DISCHARGE BY JUNE 30, 1988.

Defendants (2)

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

Facilities (1)

• WILDWOOD CITY OF

  100 NORTH MAIN STREET, WILDWOOD, FL, 34785

  Registry ID: 110013161906

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• WILDWOOD, CITY OFentered 1989-11-13

  Primary law: CWA

  Federal penalty: $12,000

Timeline (7 milestones)

• 1988-09-23PRN Sent
• 1988-09-23Referred To Dept Of Justice
• 1989-07-28Complaint Filed With Court
• 1989-11-13Final Order Lodged
• 1989-11-13Final Order Entered
• 1989-11-13Concluded
• 1994-01-03Enforcement Action Closed