EPA v. ESCAMBIA COUNTY UTILITIES AUTHORITY

Case summary

ESCAMBIA COUNTY UTILITIES AUTHORITY (ECUA) IS A FLORIDA GOVERNMENTAL AGENCY WHICH OWNS AND OPERATES FOUR WASTEWATER TREATMENT PLANTS IN PENSACOLA, FL. ONLY THE MAINSTREET WASTEWATER TREATMENT FACILITY (FACILITY) IS THE SUBJECT OF THIS PRE-REFERRAL CIVIL LITIGATION REPORT. THE FACILITY PRO- VIDES SEWAGE TREATMENT FOR INDUSTRIAL, COMMERCIAL AND RESI- DENTIAL USERS IN THE SOUTHERN PART OF ESCAMBIA COUNTY, FL. THE SOLE AIR POLLUTION SOURCE AT THE FACILITY IS A SLUDGE BURNING OPERATION, CONSISTING OF TWO INCINERATORS, WHICH ARE SUBJECT TO THE NEW SOURCE PERFORMANCE STANDARDS (NSPS) SET OUT IN 40 CFR PART 60, SUBPART 0. SUBPART 0 ESTABLISHES MONITORING, TESTING AND REPORTING REQUIREMENTS FOR SLUDGE BURNING INCENERATORS. IN 1989 AND 1990, ECUA VIOLATED THE MONITORING AND TESTING REQUIREMENTS OF SUBPART 0, AS SET FOURTH IN 40 CFR SS60.153 AND 60.154, AND IS THEREFORE SUB- JECT TO CIVIL PENALTIES PRUSUANT TO SECTIONS 111(E) AND 113(B) OF THE CLEAN AIR ACT, 42 U.S.C. SS7411(E) AND 7413(B) REGION IF IS SEEKING PENALTIES FOR ECUA'S ABOVE-REFERENCED VIOLATIONS OF SUBPART 0 IN THE AMOUNT OF $141,042. NO IN- JUNCTIVE RELIEF IS SOUGHT GIVEN THAT ECUA REMEDIED ITS VIO- LATIONS OF SUBPART 0 IN APRIL AND MAY OF 1990, AND HAS BEEN IN COMPLIANCE WITH SUBPART 0 SINCE THAT TIME. ECUA DOES, HOWEVER, HAVE A SIGNIFICANT HISTORY OF NONCOMPLIANCE WITH BOTH CLEAN AIR ACT AND CLEAN WATER ACT REQUIREMENTS AT ALL FOUR OF ITS FACILITIES. THUS, IN ADDITION TO SEEKING PENAL- TIES IN THIS MATTER, REGION IV RECOMMENDS INCORPORATING A MULTI-MEDIA ENVIRONMENTAL AUDITING PROVISION INTO ANY SET- TLEMENT AGREEMENT REACHED WITH ECUA.

Defendants (1)

• ESCAMBIA COUNTY UTILITIES AUTHORITYNamed in complaintNamed in settlement

Facilities (2)

• ESCAMBIA CO CANTONMENT WWTP

  601 HWY 297A, CANTONMENT, FL, 32533

  Registry ID: 110010625001

• ESCAMBIA COUNTY UTILITIES AUTHORITY

  401 WEST GOVERNMENT STREET, PENSACOLA, FL, 32501

  Registry ID: 110002395042

Statutes cited

• CWA 402 — Clean Water Act
• CAA 111E — Clean Air Act

Enforcement conclusions (1)

• ESCAMBIA COUNTY UTILITIES AUTHentered 1996-03-21

  Primary law: CAA

  Federal penalty: $235,000

Timeline (8 milestones)

• 1991-02-28Enforcement Action Data Entered
• 1991-12-31PRN Sent
• 1994-07-29Referred To Dept Of Justice
• 1996-03-21Final Order Lodged
• 1996-03-21Final Order Entered
• 1996-03-21Complaint Filed With Court
• 1996-03-21Concluded
• 1997-10-07Enforcement Action Closed