EPA v. EASTERN BAND OF CHEROKEE INDIANS

Case summary

5/12/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT VIOLATED THE EFFLUENT LIMITATIONS REQUIRED BY PART I.A. OF THE PERMIT FOR pH, TOTAL SUSPENDED SOLIDS, TOTAL RESIDUAL CHLORINE, BIOCHEMICAL OXYGEN DEMAND, AND FECAL COLIFORM, FROM APRIL 2000 THROUGH JUNE 2008. ORDER REQUIRES: RESPONDENT SHALL MONITOR AND COMPLY WITH THE FINAL EFFLUENT LIMITATIONS INCLUDED IN PART I.A OF THE PERMIT, WITH THE EXCEPTION FOR TOTAL RESIDUAL CHLORINE AND TOTAL AMMONIA. RESPONDENT AGREES TO COMPLY WITH THE INTERIM LIMITATIONS FOR TOTAL RESIDUAL CHLORINE AN TOTAL AMMONIA DESCRIBED IN ATTACHEMENT 1 IN LIEU OF THE TOTAL RESIDUAL CHLORINE AND TOAL AMMONIA EFFLUENT LIMITATIONS INCLUDED IN PART I.A. OF THE PERMIT. RESPONDENT SHALL MAINTAIN AND OPERATE ITS WWTF AS EFFICIENTLY AS POSSIBLE. RESPONDENT IS REQUIRED TO COMPLY WITH THE REMAINING TERMS OF THE PERMIT. THE MONITORED PARAMETER RESULTS FROM PARAGRAPH 13 AGOVE SHALL BE SUMMARIZED ONCE EACH MONTH ON A DISCHARGE MONITORING REPORT, EPA FORM 3320-1 (DMR) AND SUBMITTED TO EPA ON A WAURTER BASIS. DMRS ARE DUE ON THE 28TH DAY FOLLOWING THE END OF THE REPORTING PERIOD; I.E. THE DMRs FOR THE JANUARY - MARCH REPORTING ARE DUE NO LATER THAN APRIL 28. THE CHEROKEE TRIBE SHALL COMPLY WITH THE FOLLOWING SCHEDULE FOR THE ELIMINATION OF DISCHARGE FROM THE ROUGH BRANCH WWTF: PROGRESS REPORT DUE 6/30/2009 END CONSTRUCTION/CEASE DISCHARGE 10/31/2009 SUBMIT NO DISCHARGE CERTIFICATION 11/30/2009

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)

• EASTERN BAND OF CHEROKEE INDIANSentered 2009-05-12

  Primary law: CWA

Timeline (3 milestones)

• 2009-05-12Final Order Issued
• 2009-06-23Enforcement Action Data Entered
• 2010-01-01Enforcement Action Closed