EPA v. MIAMI-DADE COUNTY, FLORIDA

Case summary

4/10/14 - THE U.S. DISTRICT COURT FOR THE S.D. OF FL ENTERED A CD RESOLVING THE LAWSUIT ENTITLED U.S., STATE OF FL AND STATE OF FL DEPARTMENT OF ENVIRONMENTAL PROTECTION V. MIAMI-DADE COUNTY. THE LAWSUIT WAS FILED AGAINST MIAMI-DADE COUNTY ON DEC 13, 2012, PURSUANT TO CWA SECTION 309(b) AND (d) AND 504 AND THE FLORIDA AIR AND WATER POLLUTION CONTROL ACT, FLA. STAT. CHAPTER 403, SEEKING PENALTIES AND INJUNCTIVE RELIEF UNDER SECTIONS 301 AND 402 OF THE CWA AND UNDER FLA. STA. SEC 403.121, 403.141 AND 403.161 FOR (1) UNPERMITTED DISCHARGES OF UNTREATED SEWAGE FROM THE SANITARY SEWER SYSTEM INTO NAVIGABLE WATERS AND FLORIDA WATERS; (2) FAILURE TO COMPLY WITH CERTAIN NPDES EFFLUENT PERMIT CONDITIONS; (3) FAILURE TO COMPLY WITH STANDARD NPDES PERMIT CONDITIONS, INCLUDING PROPER OPERATION AND MAINTENANCE OF THE SEWER SYSTEM FROM DEC 2007 TO THE FILING OF THE COMPLAINT; AND (4) IMMINENT AND SUBSTANTIAL ENDANGERMENT TO HEALTH AND WELFARE OF PERSONS, AS WELL AS IRREPARABLE INJURY TO HUMAN HEALTH, WATERS AND PROPERTY, INCLUDING ANIMAL, PLANT AND AQUATIC LIFE OF THE STATE, DUE TO THE NUMEROUS SANITARY SEWER OVERFLOWS; AND THE CONTINUED THREAT OF FAILURE OF MIAMI-DADE'S AGED AND DETERIORATED FORCE MAINS, INCLUDING THE 54-INCH FORCE MAIN UNDERNEATH GOVERNMENT CUT BETWEEN FISHER ISLAND AND SOUTH OF THE CITY OF MIAMI BEACH THAT CONVEYS UNTREATED WASTEWATER FROM THE CITY OF MIAMI BEACH UNDER BISCAYNE BAY TO THE CENTRAL DISTRICT WASTEWATER TREATMENT PLANT. THE ENTERED CD INCLUDES AN ESTIMATED $1.6 BILLION IN CAPITAL IMPROVEMENTS TO MIAMI-DADE'S WASTEWATER COLLECTION AND TRANSMISSION SYSTEM OVER THE NEXT 15 YEARS, INCLUDING SEWER ASSESSMENT, REHABILITATION, REPAIR, AND REPLACEMENT WORK ON FORCE MAINS, SEWER LINES, MANHOLES, AND PUMPS, AND REHABILITATION OF ALL 3 WASTEWATER TREATMENT PLANTS. MIAMI-DADE HAS ALSO AGREED TO IMPLEMENT A NUMBER OF EPA SEWER MAINTENANCE AND REPAIR PROGRAMS WHICH EPA BELIEVES WILL DRAMATICALLY REDUCE THE INCIDENCE AND SEVERITY OF SANITARY SEWER OVERFLOWS. MIAMI-DADE ALSO HAS AGREED TO PAY A PENALTY OF $978,100, OF WHICH $511,800 WILL BE PAID TO THE U.S., AND $466,300 WILL BE PAID TO FL. MIAMI-DADE HAS ALSO AGREED TO COMPLETE A SUPPLEMENTAL ENVIRONMENTAL PROJECT VALUED AT $2,047,200.

Defendants (1)

• MIAMI-DADE COUNTY, FLORIDANamed in complaintNamed in settlement

Facilities (3)

• MDWASD NORTH DISTRICT WWTP

  2575 NE 151 STREET (AT BISCAYNE BLVD), MIAMI, FL, 33133

  Registry ID: 110002009567

• MDWASA CENTRAL DISTRICT WWTF

  3989 RICKENBACKER CAUSEWAY, MIAMI, FL, 33149

  Registry ID: 110007433438

• MIAMI DADE SOUTH DISTRICT

  8950 SW 232 STREET, MIAMI, FL, 33190

  Registry ID: 110035591393

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• MIAMI-DADE COUNTY, FLORIDA (04-2014-C010)entered 2014-04-10

  Primary law: CWA

  Federal penalty: $511,800 · State/local: $466,300 · SEP: $2,047,200

Timeline (6 milestones)

• 2011-09-13Referred To Dept Of Justice
• 2011-09-23Enforcement Action Data Entered
• 2012-12-13Complaint Filed With Court
• 2013-06-06Final Order Lodged
• 2014-04-10Final Order Entered
• 2014-04-10Concluded