EPA v. ESCAMBIA COUNTY UTILITIES AUTHORITY

Case summary

U.S. V. ESCAMBIA COUNTY UTILITIES AUTHORITY AND THE STATE OF FLORIDA. DEFENDANT ESCAMBIA OWNS AND OPERATES THE AVONDALE WASTEWATER TREATMENT FACILITY WHICH SERVES 11,700 RESIDENTS OF PENSACOLA FLORIDA. AVONDALE HAS BEEN DISCHARGING TREATED EFFLUENT WITHOUT AN NPDES PERMIT SINCE MAY 21, 1984, WHEN REGION IV TURNED DOWN THE RENEWAL APPLICATION FOR PERMIT NO. FL0031801. AVONDALE'S CONTINUED DISCHARGES VIOLATE SECTION 301 OF THE CLEAN WATER ACT, AND REGION IV IS SEEKING A CIVIL PENALTY FOR PAST VIOLATIONS, AND INJUNCTIVE RELIEF TO ESTABLISH INTERIM EFFLUENT LIMITS UNTIL EPA ISSUES ESCAMBIA AN NPDES PERMIT FOR AVONDALE. REGION IV HAS ISSUED A NEW NPDES PERMIT TO ESCAMBIA FOR AVONDALE ON JANUARY 6, 1989; HOWEVER A REQUEST FOR AN EVIDENTARY HEARING BY A LOCAL CITIZEN HAS STAYED THAT PERMIT. THE REGION HAS ISSUED ADMINISTRATIVE ORDERS TO ESCAMBIA ON OCTOBER 20, 1983 AND MAY 22, 1985 (AMENDED MAY 16, 1986) TO MEET INTERIM EFFLUENT LIMITS AT AVONDALE AND TO COMPLETE UPGRADES OR CEASE DISCHARGE. ESCAMBIA FAILED TO COMPLY WITH ANY OF THE A.O.'S AND THE REGION HELD A SHOW CAUSE CONFERENCE ON DECEMBER 14, 1988. THERE ARE NO SIGNIFICANT ASPECTS TO THIS CASE OTHER THAN THE PROPOSED NPDES PERMIT WHICH HAS BEEN STAYED.

Defendants (1)

• ESCAMBIA COUNTY UTILITIES AUTHORITYNamed in complaintNamed in settlement

Facilities (1)

• ESCAMBIA CNTY AVONDALE STP

  BELLVIEW & MULDOON RDS, PENSACOLA, FL, 32506

  Registry ID: 110010758894

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ESCAMBIA COUNTY UTIL. AUTH.entered 1991-02-06

  Primary law: CWA

  Federal penalty: $135,000

Timeline (8 milestones)

• 1989-05-21Enforcement Action Data Entered
• 1989-08-24PRN Sent
• 1990-07-19Referred To Dept Of Justice
• 1990-09-13Complaint Filed With Court
• 1991-02-06Final Order Entered
• 1991-02-06Concluded
• 1991-02-06Final Order Lodged
• 1994-01-10Enforcement Action Closed