EPA v. NEW HANOVER COUNTY/CAPE FEAR PUBLIC UTILITY AUTHORITY/CITY OF WILMINGTON

Case summary

THE U.S. ENTERED INTO A CWA CD WITH THE CITY OF WILMINGTON, NC; NEW HANOVER COUNTY, NC; AND THE CAPE FEAR PUBLIC UTILITY AUTHORITY. THE COURT'S ENTRY OF THE CD RESOLVES THESE PARTIES' LIABILITY FOR VIOLATIONS OF THE CWA INCLUDING UNAUTHORIZED OVERFLOWS OF UNTREATED RAW SEWAGE. THE CD REQUIRES THE PARTIES TO PAY A CIVIL PENALTY OF $300,000 AND IMPLEMENT MEASURES TO BRING THE SEWER SYSTEM INTO COMPLIANCE. IN JULY 2008, THE CITY AND THE COUNTY TRANSFERRED ITS RESPECTIVE SEWER SYSTEMS TO THE NEWLY FORMED AUTHORITY. SINCE TAKING OVER RESPONSIBILITY FOR THESE SEWER SYSTEMS, THE AUTHORITY HAS IMPLEMENTED NUMEROUS REMEIDAL MEASURES TO THE SEWER SYSTEMS. PURSUANT TO THE CD, THE AUTHORITY HAS AGREED TO MAKE FURTHER IMPROVEMENTS TO THE SEWER SYSTEMS TO ELIMINATE UNAUTHORIZED OVERFLOWS WITH THE GOAL OF ACHIEVING COMPLIANCE WITH THE CWA. WHEN WASTEWATER SYSTEMS OVERFLOW, UNTREATED SEWAGE AND OTHER POLLUANTS CAN BE RELEASED INTO LOCAL WATERWAYS, THREATENING WATER QUALITY AND CONTRIBUTING TO BEACH CLOSURES AND DISEASE OUTBREAKS. THE CD REQUIRES THE AUTHORITY TO IMPLEMENT SPECIFIC PROGRAMS DESIGNED TO ENSURE PROPER MANAGEMENT, OPERATION AND MAINTENANCE OF ITS SEWER SYSTEMS. IN ORDER TO ADDRESS THE PROBLEM OF WET WEATHER OVERFLOWS OF RAW SWEAGE FROM THE SEWER LINES, THE AUTHORITY WILL DEVELOP AND IMPLEMENT A COMPREHENSIVE SEWER SYSTEM ASSESSMENT AN DREHABILITATION PROGRAM. THE AUTHORITY WILL ALSO IMPLEMENT CERTAIN CAPITAL PROJECTS DESIGNED TO REMEDIATE KNOWN DEFECTS IN THE SEWER SYSTEMS.

Defendants (3)

• CAPE FEAR PUBLIC UTILITY AUTHORITYNamed in complaintNamed in settlement
• NEW HANOVER COUNTYNamed in complaintNamed in settlement
• WILMINGTON, NC, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• WALNUT HILLS WWTP

  17 LITTLE CREEK RD, WILMINGTON, NC, 28403

  Registry ID: 110009719787

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• NEW HANOVER COUNTY/CAPE FEAR PUBLIC UTILITY AUTHORITY/CITY OF WILMINGTON (04-2014-C002)entered 2013-12-11

  Primary law: CWA

  Federal penalty: $300,000

Timeline (8 milestones)

• 2009-04-02Referred To Dept Of Justice
• 2009-04-22Enforcement Action Data Entered
• 2013-07-11Final Order Lodged
• 2013-07-11Complaint Filed With Court
• 2013-12-11Concluded
• 2013-12-11Final Order Entered
• 2018-06-04Enforcement Action Closed
• 2018-06-04NPDES Closed