EPA v. LENIOR, NC, CITY OF

Case summary

5/23/13 - ADMIN ORDER ON CONSENT ISSUED. AT ALL TIMES RELEVANT TO THIS ACTION, LENOIR OWNED AND/OR OPERATED A WASTEWATER TREATMENT PLANT (WWTP) CALLED GUNPOWDER CREEK WWTP. DENR ISSUED AN NPDES PERMIT TO LENOIR FOR GUNPOWDER CREEK WWTP. THE PERMIT REQUIRES COMPLIANCE WITH THE EFFLUENT LIMITS SET FORTH IN THE PERMIT. IN ADDTION, THE PERMIT REQUIRES THAT LENOIR MONITOR ITS DISCHARGES AND SUBMIT DISCHARGE MONITORING REPORTS (DMRs) TO DENR DESCRIBING THE RESULTS OF THE MONITORING. THE DMRs SUBMITTED TO DENR LENOIR INDICATE THAT LENOIR HAS DISCHARGED POLLUTANTS IN VIOLATION OF THE EFFLUENT LIMITATIONS ESTABLISHES IN ITS PERMIT IN 31 INSTANCES DURING THE PERIOD FROM JUNE 30, 2009 THRU MARCH 30, 2012. EFFLUENT PARAMETERS VIOLATED INCLUDE BOD, TSS, TOTAL CADMIUM, TOTAL SELENIUM, TOTAL RESIDUAL CHLORINE, FECAL COLIFORM, AMMONIA- NITROGEN, AND FLOW. ON OCT 15, 2012, EPA SENT AN NOV LETTER TO LENOIR REGARDING THE EFFLUENT VIOALTIONS. EPA, LENOIR AND DENR HELD A SHOW CAUSE MEETING ON JAN 22, 2013. ON DEC 31, 2012, LENOIR SUBMITTED TO EPA AN ENGINEERING REPORT DESCRIBING A CORRECTIVE PLAN WITH SPECIFIC ACTIONS THAT LENOIR PLANS TO IMPLEMENT TO ELIMINATE FLUTURE PERMIT EFFLUENT LIMIT VIOLATIONS. ON JAN 10, 2013, LENOIR SUBMITTED A SCHEDULE TO EPA FOR IMPLEMENTING THESE CORRECTIVE ACTIONS. LENOIR VIOLATED CWA 301(a) IN THAT LENOIR DISCHARGED WASTEWATER CONTAING POLLUTANTS TO THE NAVIGABLE WATERS NOT IN COMPLIANCE WITH ITS NPDES PERMIT.

Defendants (1)

• LENOIR, NC, CITY OFNamed in settlement

Facilities (1)

• GUNPOWDER CREEK WWTP

  450 PINE MTN RD, HUDSON, NC, 28638

  Registry ID: 110028271297

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• LENIOR, NC, CITY OFentered 2013-05-23

  Primary law: CWA

Timeline (4 milestones)

• 2013-05-23Final Order Issued
• 2013-06-06Enforcement Action Data Entered
• 2017-02-10NPDES Closed
• 2017-02-10Enforcement Action Closed