EPA v. STARKVILLE, MS, CITY OF

Case summary

10/29/13 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $70,800, DUE WITHIN 30 DAYS. ALLEGATIONS: THE POTW DISCHARGES POLLUTANTS AS A POINT SOURCE INTO HOLLIS CREEK, A NAVIGABLE WATER AS DEFINED IN SECTION 502(7) OF THE CWA. THE PERMIT BECAME EFFECTIVE ON FEB 24, 2010 AND EXPIRES ON JAN 31, 2015. THE PERMIT INCLUDES A REQUIREMENT, CONDITION NO. T-28, ISSUED PURSUANT TO SECTION 402 OF THE CWA TO PROPERLY OPERATE AND MAINTAIN THE POTW, INCLUDING THE WCTS WHICH TRANSPORTS WASTEWATER TO TEH WWTP. ON OCT 23, 2012, EPA SENT AN INFO REQUEST LETTER TO RESPONDENT REQUESTING INFO RELATED TO SSOs TO EVALUATE THE PERFORMANCE OF THE WWTP AND ITS ASSOCIATED WCTS, AND TO ASSESS THE CITY'S COMPLIANCE WITH THE PERMIT AND THE CWA. FOR PURPOSES OF THIS CAFO, A SSO IS DEFINED AS AN OVERFLOW, SPILL, RELEASE, OR DIVERSION OF WASTEWATER FROM RESPONDENT'S WCTS. SSOs INCLUDE OVERFLOWS OR RELEASES OF WASTEWATER THAT REACH NAVIGABLE WATERS; OVERFLOWS OR RELEASES OF WASTEWATER THAT DO NOT REACH NAVIGABLE WATERS; AND WASTEWATER BACKUPS INTO BUILDINGS THAT ARE CAUSED BY BLOCKAGES OR FLOW CONDITIONS IN A SANITARY SEWER OTHER THAN A BUILDING LATERAL. WASTEWATER BACKUPS INTO BUILDINGS CAUSED BY A BLOCKAGE OR OTHER MALFUNCTION OR A BUILDING LATERAL THAT IS PRIVATELY OWNED IS NOT A SSO. ON JAN 30 AND 31, EPA AND THE STATE OF MISSISSIPPI CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) OF THE WWTPs ASSOICATED WCTS TO FURTHER EVALUATE RESPONDENT'S COMPLIANCE WITH ITS PERMIT AND THE CWA. BASED ON ITS REVIEW OF INFO OBTAINED AND OBSERVATIONS MADE DURING ITS INSPECTION, EPA FOUND THAT RESPONDENT HAS EXPERIENCED NUMEROUS SSOs. TO ACCOMPLISH THE OBJECTIVE OF THE CWA (TO RESTORE AND MAINTAIN THE CHEMICAL, PHYSICAL AND BIOLOGICAL INTEGRITY OF THE NATION'S WATERS), SECTIONI 301(a) OF THE CWA PROHIBITS THE DISCHARGE OF POLLUTANTS BY ANY PERSON INTO WATERS OF THE U.S. EXCEPT AS IN COMPLIANCE WITH AN NPDES PERMIT. EPA ALLEGES THAT RESPONDENT HAS VIOLATED CWA 301(a) BY EXPERIENCING SOOs OF RAW SEWAGE FROM ITS WCTS INTO WATERS OF TEH U.S. AND EXPERIENCING SSOs INCLUDING THOSE THAT DO NOT REACH WATERS OF THE U.S. AND BUILDING BACKUPS CAUSED BY FLOW CONDITIONS IN THE RESPONDENT'S WCTS, THAT ARE THE RESULT OF IMPROPER OPERATION AND MAINTENANCE IN VIOLATION OF CONDITION OF T-28 OF THE NPDES PERMIT.

Defendants (1)

• STARKVILLE, MS, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• STARKVILLE POTW

  305 SAND ROAD, STARKVILLE, MS, 39759

  Registry ID: 110002307343

Statutes cited

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

Enforcement conclusions (1)

• STARKVILLE, MS, CITY OFentered 2013-10-29

  Primary law: CWA

  Federal penalty: $70,800

Timeline (5 milestones)

• 2013-10-29Final Order Issued
• 2013-10-29Complaint Filed/Proposed Order
• 2013-11-27Enforcement Action Closed
• 2013-11-27NPDES Closed
• 2013-12-18Enforcement Action Data Entered