EPA v. DALTON UTILITIES

Case summary

THE CITY OF DALTON, GA, THROUGH THE BOARD OF WATER, LIGHT AND SINKING FUNDS COMMISSIONERS (THE BOARD ) OPERATES DALTON UTILITIES (THE UTILITY ). THE UTILITY OPERATES, MAINTAINS, AND MANAGES THE ELECTRIC, NATURAL GAS, DRINKING WATER AND SEWAGE SERVICES FOR THE CITY OF DALTON AND THE SURROUNDING AREAS WITHIN WHITFIELD COUNTY. THE UTILITY'S WASTEWATER TREATMENT FACILITIES SERVE A DOMESTIC POPULATION OF APPROXIMATELY 22,000 PERSONS AS WELL A NUMEROUS INDUSTRIES WHICH ARE PRIMARILY CARPET MANUFACTURERS. APPROXIMATELY 90 PERCENT OF THE UTILITY'S INFLUENT WASTEWATER IS FROM INDUSTRIAL SOURCES. THE UTILITY OWNS AND OPERATES THREE BIOLOGICAL WASTEWATER TREATMENT FACILITIES: (1) ABUTMENT ROAD WWTF; (2) RIVERBEND WWTF; (3) LOOPERS BEND WWTF. THESE FACILITIES HAVE A COMBINED DESIGN TREATMENT CAPACITY OF 40 MILLION GALLONS PER DAY (MGD) AND CURRENTLY TREAT APPROXIMATELY 29 MILLION GALLONS OF WASTEWATER ON AN AVERAGE DAILY BASIS. EFFLUENT FROM THE TREATMENT FACILITIES IS SPRAYED ONTO A DEDICATED LAND APPLICATION SYSTEM (LAS). A FULL EVALUATION OF ALL WASTEWATER PROGRAMS (I.E., WASTEWATER TREATMENT FACILITIES, LABORATORY, SLUDGE HANDLING AND DISPOSAL, LAND APPLICATION SYSTEM, PRETREATMENT PROGRAM, AND SANITARY SEWER COLLECTION SYSTEM) COMMENCED AT THE UTILITY IN LATE FEBRUARY 1997. IN THE SPIRIT OF COOPERATION AND PARTNERSHIP, GEROGIA EPD HAS REQUESTED THAT EPA REGION 4 ALLOW THE STATE TO BE A CO-PLAINTIFF IN THIS ACTION. EPA HAS IDENTIFIED A TOTAL OF 445 VIOLATIONS BY THE UTILITY WHICH INCLUDE THOSE PREVIOUSLY DOCUMENTED BY GEORGIA EPD. THIS ENFORCEMENT ACTION ONLY COVERS 432 OF THESE VIOLATIONS WHICH OCCURRED BEFORE JANUARY 30, 1997,AND 13 VIOLATIONS WHICH OCCURRED AFTER JANUARY 30, 1997. AT THE PRESENT TIME, EPA REGION 4 HAS DECIDED NOT TO OVERFILE AGAINST DALTON UTILITIES ON THE ADDITIONAL 41 VIOLATIONS IN WHICH GEORGIA EPD RECEIVED A PENALTY. THEREFORE, THE TOTAL NUMBER OF VIOLATIONS ADDRESSED BY THIS ACTION IS 445. THE MAXIMUM STATUTORY PENALTY OF $11,157,500.

Defendants (2)

• DALTON UTILITIESNamed in complaintNamed in settlement
• WATER, LIGHT & SINKING FUND COMMISSIONERNamed in complaintNamed in settlement

Facilities (1)

• DALTON UTIL

  1200 HARRIS ST, DALTON, GA, 30722

  Registry ID: 110010587043

Statutes cited

• CWA 405 — Sewage Sludge Disposal
• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• DALTON UTILITIESentered 2001-03-28

  Primary law: CWA

  Federal penalty: $6,000,000

Timeline (7 milestones)

• 1995-01-01Enforcement Action Data Entered
• 1997-09-25Referred To Dept Of Justice
• 1998-07-17Complaint Filed With Court
• 2001-01-18Final Order Lodged
• 2001-03-28Final Order Entered
• 2001-03-28Concluded
• 2005-11-16Enforcement Action Closed