EPA v. METROPOLITAN DADE COUNTY (MIAMI DADE)

Case summary

THE CASE PERTAINS TO THE SEWERAGE SYSTEM (THE SYSTEM), INCLUDING THE CROSS-BAY FORCE MAIN (THE FORCE MAIN), OWNED AND OPERATED BY THE METROPOLITAN DADE COUNTY (THE COUNTY) LOCATED IN AND ABOUT MIAMI, FLORIDA. THE SYSTEM WAS CONSTRUCTED IN 1956. THE SYSTEM NOW IS EXPERIENCING NUMEROUS PROBLEMS, E.G., INFLOW AND INFILTRATION, CAPACITY, ETC., RESULTING IN DISCHARGES OF RAW SEWAGE FROM THE SYSTEM INTO THE MIAMI RIVER AND BISCAYNE BAY. MOREOVER, THERE IS A CONCERN THAT THE FORCE MAIN MAY RUPTURE AND DISCHARGE SIGNIFICANT AMOUNTS, I.E., APPROXIMATELY 100 GPD OF RAW SEWAGE INTO BISCAYNE BAY. ON APRIL 22, 1993, PURSUANT TO CWA SECTION 504, THE REGION FORWARDED TO THE DEPARTMENT OF JUSTICE AND TO EPA HEADQUARTERS A PRE-REFERRAL LITIGATION REPORT REQUESTING AUTHORITY TO NEGOTIATE A CONSENT DECREE WITH THE COUNTY REQUIRING THE COUNTY TO REPLACE THE EXISTING FORCE MAIN AND TO CONSTRUCT A NEW FORCE MAIN. ON OR ABOUT APRIL 22, 1993, THE RGION RECEIVED A NOTICE OF CITIZEN'S SUIT FROM THE SIERRA CLUB REGARDING THE SYSTEM. ON APRIL 26, 1993, AT A MEETING BETWEEN DOJ, THE REGION, EPA HEADQUARTERS AND THE US ATTORNEY FOR THE SOUTHERN DISTRICT OF FLORIDA (USA), THE REGION VERBALLY CONVERTED THE PRE-REFERRAL LITIGATION REPORT INTO A REFERRAL REPORT AND ALSO AUTHORIZED DOJ TO PREPARE FOR THE FILING OF A CWA SECTION 309 ACTION AGAINST THE COUNTY; THE REGION AGREED TO EXPEDITE THE REFERRAL OF THE CWA SECTION 309 ACTION AND EPA HEADQUARTERS AND DOJ AGREED TO ACCEPT A PARTIAL LIST OF VIOLATIONS AS THE LITIGATION REPORT. DOJ PLANS TO FILE A COMBINED CWA SECTIONS 504 AND 309 ACTION ON OR BEFORE JUNE 15, 1993, IN DISTRICT COURT IN MIAMI, FLORIDA.

Defendants (3)

• FLORIDA, STATE OFNamed in complaintNamed in settlement
• METROPOLITAN DADE COUNTYNamed in complaintNamed in settlement
• MIAMI-DADE WATER & SEWER AUTHORITY DEPT.Named in complaintNamed in settlement

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• CWA 504 — Emergency Powers

Enforcement conclusions (1)

• METROPOLITAN DADE COUNTYentered 1994-01-13

  Primary law: CWA

Timeline (8 milestones)

• 1993-04-22PRN Sent
• 1993-05-01Enforcement Action Data Entered
• 1993-05-26Referred To Dept Of Justice
• 1994-01-13Final Order Lodged
• 1994-01-13Final Order Entered
• 1994-01-13Complaint Filed With Court
• 1994-01-13Concluded
• 2014-04-10Enforcement Action Closed