EPA v. DOTHAN, AL, CITY OF

Case summary

DOTHAN OWNS AND OPERATES 4 MAJOR WASTEWATER TREATMENT PLANTS (WWTPs) UNDER 4 SEPARATE NPDES PERMITS. THE WWTPs ARE NAMES BEAVER CREEK, OMUSSEE CREEK, CYPRESS CREEK AND LITTLE CHOCTAWATCHEE. DOTHAN, AL, WAS TARGETED AS PART OF THE NATIONAL MEDIUM MUNICIPALITY INITIATIVE. THE VIOLATIONS IN THIS CASE ARE SSOs AND EFFLUENT VIOLATIONS. Settlement with Dothan, Ala., Resolves City?s Clean Water Act Violations Contact Information: Dawn Harris Young, (404) 562-8421 (Direct), (404) 562-8400 (Main), harris-young.dawn@epa.gov ATLANTA ? The City of Dothan will pay a $264,000 civil penalty to resolve violations of the Clean Water Act (CWA) under a settlement reached today with the U.S. Environmental Protection Agency (EPA), the U.S. Department of Justice (DOJ), the State of Alabama and the Alabama Department of Environmental Management (ADEM). The violations included unauthorized overflows of untreated raw sewage and other permit violations. To come into compliance with the CWA, Dothan previously agreed to undertake improvements to its wastewater treatment and collection system as part of a separate EPA administrative enforcement action. ?Bringing systems like Dothan?s into compliance is one of EPA's top enforcement priorities,? said EPA Regional Administrator Heather McTeer Toney. ?This settlement sends a strong message to other municipalities across the Southeast to correct sewer overflows and protect residents from exposure to raw sewage and other contamination.? The settlement resolves Dothan?s liability for numerous sanitary sewer overflows (SSOs) and violations of its National Pollutant Discharge Elimination System (NPDES) permits as a result of its failure to properly operate and maintain its wastewater treatment plants and wastewater collection system. Dothan?s SSOs have primarily discharged into Beaver and Cypress Creeks, both of which are on Alabama?s list of impaired waters. In 2012, EPA negotiated an Administrative Order on Consent with Dothan that required the City to implement capacity, management, operation and maintenance programs for its wastewater system to come into compliance with the CWA and its NPDES permits. While negotiations were pending, Dothan decommissioned its Beaver Creek WWTP and began sending all of its flow to the newly upgraded Little Choctowhatchee WWTP in 2011. This significant capital project addressed a significant cause of Dothan?s SSOs. Keeping raw sewage out of the waters of the United States is one of the EPA?s national enforcement initiatives. The initiative focuses on reducing SSOs, which can present a significant threat to human health and the environment. These reductions are accomplished by obtaining municipalities? commitments to implement timely, affordable solutions to these problems. 9/22/14 - JOINT STIPULATION OF SETTLEMENT ENTERED.

Defendants (1)

• DOTHAN, AL, CITY OFNamed in complaintNamed in settlement

Facilities (4)

• DOTHAN OMUSSEE CREEK WWTP

  457 JERRY DRIVE, DOTHAN, AL, 36303

  Registry ID: 110010075417

• DOTHAN LITTLE CHOCTAWHATCHEE WWTP

  412 CLEARWATER DRIVE, DOTHAN, AL, 36303

  Registry ID: 110006644499

• BEAVER CREEK WWTP

  CITY OF DOTHAN UTILITIES DEPT, DOTHAN, AL, 36301

  Registry ID: 110044877657

• DOTHAN NEW CYPRESS CREEK WWTP

  2431 HELMS ROAD, DOTHAN, AL, 36301

  Registry ID: 110039710970

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• DOTHAN, AL, CITY OF (04-2014-C018)entered 2014-09-22

  Primary law: CWA

  Federal penalty: $132,000

Timeline (8 milestones)

• 2009-08-26Referred To Dept Of Justice
• 2009-09-11Enforcement Action Data Entered
• 2014-07-15Complaint Filed With Court
• 2014-07-15Final Order Lodged
• 2014-09-22Concluded
• 2014-09-22Final Order Entered
• 2014-10-23Enforcement Action Closed
• 2014-10-23NPDES Closed