EPA v. FLORIDA CITIES WATER COMPANY

Case summary

FLORIDA CITITES IS A PRIVATE FRANCHISED UTILITY COMPANY WHICH GENERATES INCOME BY CONSTRUCTING AND MANAGING WASTE- WATER TREATMENT FACILITIES FOR INDUSTRIAL, COMMERCIAL AND DOMESTIC USERS. THE SUBJECT FACILITY, THE WATERWAY ESTATES WASTEWATER TREATMENT PLANT ( FACILITY ) IS LOCATED IN NORTH FORT MYERS, FLORIDA. FLORIDA CITIES VIOLATED SECTIONS 301 AND 402 OF THE CLEAN WATER ACT WHEN IT (1) DISCHARGED WITH- OUT AN EPDES PERMIT, (2) DISCHARGED AT AN UNPERMITTED LOCATION, AND (3) DISCHARGED IN VIOLATION OF ITS NPDES PERMIT LIMITATIONS. THE STATUTORY MAXIMUM CIVIL PENALTY IN THIS THIS CASE IS $42,825,000. THE ECONOMIC BENEFITAMOUNT IS $3,861,643. BASED ON EPA'S CLEAN WATER ACT CIVIL PENALTY, THE REGIONS OPENING NEGOTIATION FIGURE IS $4,576,606 AND THE BOTTOM LINE SETTLEMENT FIGURE IS $2,750,029. FLORIDA CITIES ADVANCES A ZERO ECONOMIC BENIFIT THEORY IN THIS CASE WHICH REGION IV REJECTS ON THE GROUNDS THAT FLORIDA CITIES' ARGUMENT IS NOT SUPPORTED BY THE FACTS IN THIS CASE. REGION IV HAS CONSULTED WITH HEADQUARTERS ON THIS ISSUE.

Defendants (2)

• AVATAR HOLDINGS, INC.Named in complaintNamed in settlement
• FLORIDA CITIES WATER COMPANYNamed in complaintNamed in settlement

Facilities (2)

• FLORIDA CITIES WATER WATERWAY EST

  1667 INLET DRIVE, FORT MYERS, FL, 33919

  Registry ID: 110006377928

• FLORIDA CITIES WATER WATERWAY EST

  1667 INLET DRIVE, FORT MYERS, FL, 33919

  Registry ID: 110006377928

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• AVATAR HOLDINGS & FL CITIESentered 1996-08-20

  Primary law: CWA

  Federal penalty: $309,710

Timeline (7 milestones)

• 1987-07-01Enforcement Action Data Entered
• 1992-09-30Referred To Dept Of Justice
• 1993-10-01Complaint Filed With Court
• 1996-08-20Final Order Lodged
• 1996-08-20Final Order Entered
• 1996-08-20Concluded
• 1997-08-06Enforcement Action Closed