EPA v. WEST KNOX UTILITY

Case summary

9/26/2011 - ADMINISTRATIVE ORDER 2011-056 CLOSURE AND ISSUANCE OF ADMINISTRATIVE ORDER ISSUED. ORDER STATES: ON NOVEMBER 2, 1999, RESPONDENT SUBMITTED A MOM SELF-ASSESSMENT REPORT TO THE EPA WHICH DISCLOSED NUMBEROUS SSOs; WHICH ARE VIOLATIONS OF SECTION 301(a) OF THE CWA, AND RESPONDENT'S NPDES PERMIT. TO ADDRESS THE VIOLATIONS, EPA AND RESPONDENT ENTERED INTO A CONSENT AGREEMENT AND CONSENT ( ORDER ) #2001-056. THE ORDER REQUIRED RESPONDENT TO IMPLEMENT NUMEROUS MOM PROGRAMS. THE ORDER ALSO REQUIRED RESPONDENT TO SUBMIT ANNUAL REPORTS TO THE EPA REGARDING ITS COMPLIANCE STATUS. SUCH REPORTS WERE SUBMITTED TO AN REVIEWED BY THE EPA. THE EPA'S REVIEW OF RESPONDENT'S ANNUAL REPORTS REVEALED THAT 89 SSOs OCCURRED FROM 2007-10, INCLUDING SSOs THAT REACHED NAVIGABLE WATER OF THE UNITED STATES. SSOs RESULTED, IN WHOLE OR IN PART, FROM RESPONDENT'S FAILURE TO PROPERLY MANAGE, OPERATE AND MAINTAIN THE WCTS AS REQUIRED BY ITS NPDES PERMIT. PROPER MANAGEMENT, OPERATION AND MAINTENANCE WOULD HAVE ENSURED THAT RESPONDENT WOULD HAVE COLLECTED AND TRANSPORTED UNTREATED WASTEWATER THROUGH ITS WCTS TO THE APPROPRIATE WWTP WITHOUT EXPERIENCING SUCH SSOs. BASED ON THE ABOVE, THE RESPONDENT HAS VIOLATED PART 2.3.3 OF ITS NPDES OF ITS NPDES PERMIT AND SECTION 301(a) OF THE CWA, IN THAT THE RESPONDENT HAS DISCHARGED UNTREATED WASTEWATER CONTAINING POLLUTANTS TO THE NAVIGABLE WATERS OF THE UNITED STATES AT LOCATIONS NOT AUTHORIZED BY AN NPDES PERMIT. BASED ON THE ABOVE, THE RESPONDENT HAS ALSO VIOLATED PART 2.1.4 OF ITS NPDES PERMIT BY FAILING TO PROPERLY OPERATE AND MAINTAIN ITS WCTS RESULTING IN SSOs. ORDER REQUIRES: BASED ON THE FOREGOING FINDINGS AND PURSUANT TO THE AUTHORITY OF SECTIONS 308 AND 309(a)OF THE CWA, IT IS HEREBY ORDERED THAT RESPONDENT COMPLY WITH THE FOLLOWING REQUIREMENTS: A. CORRECTIVE ACTION PLAN ( CAP ) B. BASED ON THE RESULTS OF THIS STUDY, RESPONDENT SHALL DEVELOP AND SUBMIT A CAP BO THE EPA BY APRIL 1, 2012, FOR REVIEW AND APPROVAL. C. UPON APPROVAL BY THE EPA, THE CORRECTIVE ACTIONS AND SCHEDULE FOR IMPLEMENTATION, WITH FINAL COMPLIANCE OCCURRING NO LATER THAN SEPTEMBER 15, 2016. B. INSTALLATION OF FLOW MONITORING DEVICES.

Defendants (1)

• WEST KNOX UTILITY DISTRICT (SB)Named in settlement

Facilities (1)

• WEST KNOX UD - KARNS BEAVER CREEK STP

  10181 GALLOWS POINT DRIVE, KNOXVILLE, TN, 37950

  Registry ID: 110000574254

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WEST KNOX UTILITYentered 2011-09-26

  Primary law: CWA

Timeline (4 milestones)

• 2011-09-26Final Order Issued
• 2011-09-30Enforcement Action Data Entered
• 2012-01-01Enforcement Action Closed
• 2012-01-01NPDES Closed