EPA v. CHEROKEE ROUGH BRANCH WWTF

Case summary

5/25/05 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. ALLEGATIONS: THE CHEROKEE ARE NOT IN COMPLIANCE WITH SECTION 402 OF THE CWA IN THAT THE CHEROKEE HAVE VIOLATED THE EFFLUENT LIMITATIONS REQUIRED BY PART I.A. OF THE PERMIT. ORDER REQUIRES: THE CHEROKEE SHALL MONITOR THE EFFLUENT FROM THE ROUGH BRANCH WWTF IN ACCORDANCE WITH THE REQUIREMENTS LISTED IN ATTACHMENT 1, AGREE TO COMPLY WITH THE INTERIM OPERATING CONDITIONS DESCRIBED IN ATTACHMENT II IN LIEU OF THE EFFLUENT LIMITATIONS INCLUDED IN PART I.A. OF THE PERMIT, AND MAINTAIN AND OPERATE ITS WWTF AS EFFICIENTLY AS POSSIBLE. THE CHEROKEE ARE REQUIRED TO COMPLY WITH THE REMAINING TERMS OF THE PERMIT. THE MONITORED PARAMETER RESULTS FROM PARAGRAGH 13 SHALL BE SUMMARIZED ONCE EACH MONTH ON A DISCHARGE MONITORING REPORT, EPA FORM 3320-1 (DMR) AND SUBMITTED TO EPA ON A MONTHLY BASIS. DMRs ARE DUE ON THE 28TH DAY FOLLOWING THE END OF THE REPORTING PERIOD; I.E., THE DMR FOR THE JANUARY REPORTING PERIOD IS DUE NOT LATER THAN FEBRUARY 28. THE CHEROKEE SHALL COMPLY WITH THE FOLLOWING SCHEDULE FOR THE ELIMINATION OF DISCHARGE FROM THE ROUGH BRANCH WWTF: COMMENCE ENGINEERING DESIGN - COMPLETED; FIRST PROGRESS REPORT - 6/30/05; SECOND PROGRESS REPORT - 12/31/05 BEGIN CONSTRUCTION (TROUT MORATORIUM 10/15 - 4/15; INITIAL WORK WILL BE CONDUCTED OUT OF STREAM) - 3/01/06; THIRD PROGRESS REPORT - 6/30/06; END CONSTRUCTION/CEASE DISCHARGE - 10/14/06; FOURTH PROGRESS REPORT/SUBMITTAL OF NO DISCHARGE CERTIFICATION - 30 DAYS AFTER CEASE DISCHARGE.

Defendants (1)

• EASTERN BAND OF CHEROKEE INDIANSNamed in settlement

Facilities (1)

• ROUGH BRANCH WWTP

  P.O.BOX 547, CHEROKEE, NC, 28719-0547

  Registry ID: 110014439330

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CHEROKEE ROUGH BRANCH WWTFentered 2005-05-25

  Primary law: CWA

Timeline (3 milestones)

• 2005-05-25Final Order Issued
• 2005-06-24Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed