EPA v. LOUDON UTILITIES

Case summary

7/13/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $25,000, DUE WITHIN 60 DAYS. DEFICIENCIES IN RESPONDENT'S SEWERAGE INFRASTRUCTURE MOM PROGRAMS FOUND IN THE SELF-ASSESSMENT LED EPA REGION 4 AND RESPONDENT TO ENTER INTO CONSENT AGMT AND CONSENT ORDER FOR COMPLIANCE ( CONSENT AGMT ), NO. CWA-04-2003-4789, FILED ON MARCH 13, 2003, WHICH REQUIRED RESPONDENT TO DEVELOP AND IMPLEMENT VARIOUS MOM PROGRAMS FOR THE UTILITY'S CTS TO ENSURE ELIMINATION OF SANITARY SEWER OVERFLOWS (SSOs). SSOs ARE ANY DISCHARGE TO WATERS OF THE UNITED STATES FROM THE CTS THRU POINT SOURCES NOT SPECIFIED IN AN NPDES PERMIT, AS WELL AS ANY RELEASE OF WASTEWATER FROM THE CTS TO PUBLIC OR PRIVATE PROPERTY THAT DOES NOT REACH WATERS OF THE U.S., SUCH AS A RELEASE TO A LAND SURFACE OR STRUCTURE THAT DOES NOT REACH WATERS OF THE UNITED STATES. RESPONDENT FAILED TO DEVELOP AND/OR IMPLEMENT, IN WHOLE OR IN PART, THE MOM PROGRAMS AS OUTLINES IN THE CONSENT AGREEMENT AND FAILED TO SUBMIT SEMI-ANNUAL REPORTS AS REQUIRED IN THE CONSENT AGMT. DUE TO RESPONDENT'S FAILURE TO COMPLY WITH THE CONSENT AGMT, EPA ISSUED ADMINISTRATIVE ORDER CWA-04-2009-4813, ON OCT 1, 2009, WHICH SUPERSEDES THE CONSENT AGMT. SINCE THE ISSUANCE OF THE CONSENT AGMT, RESPONDENT'S CTS HAS EXPERIENCED SSOs. EPA ALLEGES THAT RESPONDENT HAS VIOLATED SECTION 301(a) OF THE CWA BY DISCHARGED UNTREATED SANITARY SEWAGE CONTAINING POLLUTANTS TO WATERS OF THE U.S. AT LOCATIONS NOT AUTHORIZED BY AN NPDES PERMIT AND BY FAILING TO PROPERLY OPERATE AND MAINTAIN THE CTS AS REQUIRED BY THE PERMIT AND DEFINED IN 40 CFR 122.41(e) RESULTING IN SSOs.

Defendants (1)

• LOUDON UTILITIESNamed in complaintNamed in settlement

Facilities (1)

• LOUDON STP

  122 BLAIR BEND DRIVE, LOUDON, TN, 37774

  Registry ID: 110006367877

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• LOUDON UTILITIESentered 2010-07-13

  Primary law: CWA

  Federal penalty: $25,000

Timeline (5 milestones)

• 2010-07-13Complaint Filed/Proposed Order
• 2010-07-13Final Order Issued
• 2010-07-15NPDES Closed
• 2010-07-15Enforcement Action Closed
• 2010-07-21Enforcement Action Data Entered