EPA v. NEPTUNE BEACH FLORIDA, CITY OF
Final Order With Penalty
Penalty assessed
$100,000
Case summary
NEPTUNE BEACH WAS THE SUBJECT OF AN EARLIER CIVIL JUDICIAL ENFORCEMENT ACTION SEEKING CIVIL PENALTIES AND INJUNCTIVE RELIEF FOR VIOLATIONS OF THE CWA AND THE CITY'S NEPDES PERMIT. THE PRIOR CIVIL ENFORCEMENT ACTION WAS SETTLED THROUGH NEGOTIATION AND ENTRY OF A CONSENT DECREE. THE CONSENT DECREE SETTLING THE CASE WAS LODGED IN AUGUST 1988, AND ENTERED IN NOVEMBER 1989. THE CONSENT DECREE ESTABLISHED CONSTRUCTION SCHEDULES, INTERIM AND FINAL EFFLUENT LIMIT COMPLIANCE SCHEDULES, AND STIPULATED PENALTIES FOR FAILURE TO COMPLY WITH THE TERMS OF THE CONSENT DECREE. NEPTUNE BEACH FAILED TO MEET THE FINAL EFFLUENT LIMIT COMPLIANCE DATE OF MAY 15, 1989, ESTABLISHED IN THE CONSENT DECREE. THE CITY EXPERIENCED EFFLUENT PARAMETER EXCEEDENCES FROM MARCH 1989 THROUGH AUGUST 1990. THESE EFFLUENT PARAMETER EXCEEDINGS WERE VIOLATIONS OF THE CONSENT DECREE, THE PERMIT AND THE CWA. THESE FAILURES RESULTED IN THE ACCUMMULATION OF STIPULATED PENALTIES AGAINST ACCRUAL OF STIPULATED PENALTIES AND SOUGHT TO RESOLVE THE MATTER. NEPTUNE BEACH HAS RESISTED SETTLEMENT OF THE STIPULATED PENALTIES. THE REGIONS RECOM- MENDS INITIATING CONSENT DECREE ENFORCEMENT PROCEEDINGS AGAINST NEPTUNE BEACH TO ADDRESS THE STIPULATED PENALTIES ACCRUED UNDER THE CONSENT DECREE.
Defendants (1)
- NEPTUNE BEACH FL, CITY OFNamed in complaintNamed in settlement
Facilities (4)
NEPTUNE BEACH WWTP
STRICKLAND RD & FORREST AVE, NEPTUNE BEACH, FL, 32266
Registry ID: 110000752962
NEPTUNE BEACH WWTP
STRICKLAND RD & FORREST AVE, NEPTUNE BEACH, FL, 32266
Registry ID: 110000752962
NEPTUNE BEACH WWTP
STRICKLAND RD & FORREST AVE, NEPTUNE BEACH, FL, 32266
Registry ID: 110000752962
NEPTUNE BEACH WWTP
STRICKLAND RD & FORREST AVE, NEPTUNE BEACH, FL, 32266
Registry ID: 110000752962
Statutes cited
- CWA 301 — NPDES Discharge without a Permit
Enforcement conclusions (1)
NEPTUNE BEACH, FLORIDA, CITY OFentered 1992-08-31
Primary law: CWA
Federal penalty: $100,000
Timeline (7 milestones)
- 1989-07-31Enforcement Action Data Entered
- 1991-09-30Referred To Dept Of Justice
- 1992-08-31Final Order Lodged
- 1992-08-31Final Order Entered
- 1992-08-31Complaint Filed With Court
- 1992-08-31Concluded
- 1997-04-23Enforcement Action Closed
Case metadata
- EPA activity ID
- 20732
- Case number
- 04-1991-0059
- Lead agency
- EPA
- HQ division
- WAT
- Branch
- WAT
- EPA region
- 04
- Multimedia
- No
- Voluntary self-disclosure
- No
- Primary statute
- NPDES Discharge without a Permit
Sourced verbatim from EPA ECHO Enforcement Case Report for case 04-1991-0059 . Bulk data: ICIS-FEC download summary.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.