EPA v. GREENVILLE, MISSISSIPPI, CITY OF

Case summary

THE CITY OF GREENVILLE, MS, OWNS AND OPERATES THE GREENVILLE WASTEWATER TREATMENT FACILITY, APPROX 200 MILES OF SANITARY SEWER LINES, AND 100 SANITARY SEWER PUMP STATIONS AND ASSOCIATED APPURTENANCES. THE SYSTEM'S SERVICE POPULATION IS APPROX 34,700 PERSONS. THE PARTIAL CD ONLY PARTIALLY RESOLVES TEH CITY'S CWA AND MISSISSIPPI AIR AND WATER POLLUTION CONTROL LAW (MAWPCL) VIOLATIONS. THE PARTIAL CD REQUIRES THE CITY TO COMPLETE EARLY ACTION PROJECTS, DEVELOP AND IMPLEMENT CAPACITY, MANAGEMENT, OPERATIONS, AND MAINTENANCE (CMOM) PROGRAMS, AND CONDUCT SEWER SYSTEM EVALUATION/REHAB (SSER) FOR GROUPS 1 AND 2, WHICH ACCOUNT FOR 80% OF SSOs. THE WORK UNDER THE PARTIAL CD WILL BE COMPLETED OVER THE NEXT 6 YRS AND IS ESTIMATED TO COST APPROX $20 MILLION. THE PARTIAL CD REQUIRES THE CITY TO PRIORITIZE SANITARY SEWER REHAB WORK IN AREAS THAT HAVE BEEN IDENTIFIED BY EPA AS POTENTIALLY HAVING ENVIRONMENTAL JUSTICE ISSUES (MINORITY AND/OR LOW INCOME NEIGHBORHOODS). TO INCREASE TRANSPARENCY THE PARTIAL CD REQUIRES THE CITY TO POST ON ITS WEBSITE INSTRUCTIONS TO THE PUBLIC FOR RECEIVING EMAIL NOTICE WHEN DELIVERABLES THAT ARE REQUIRED TO BE PREPARED AND/OR SUBMITTED BY THE CITY PURSUANT TO THE PARTIAL CD ARE PARTED TO THE CITY'S WEBSITE. THE PARTIAL CD INCLUDES PROVISIONS THAT TAKE INTO ACCOUNT EPA'S ENCOURAGEMENT OF PRACTICES THAT IMPROVE THE RESILIENCE OF CITIES' SEWER SYSTEMS TO THE IMPACTS OF CLIMATE CHANGE. SPECIALLY, THE PARTIAL CD STATES, ALL WORK SHALL BE PERFORMED USING SOUND ENGINEERING PRACTICES TO ENSURE THAT CONSTRUCTION, MANAGEMENT, OPERATION AND MAINTENANCE OF THE SEWER SYSTEM COMPLIES WITH THE CWA, INCLUDING PRACTICES TO IMPROVE THE RESILIENCE OF THE SEWER SYSTEM TO THE IMPACTS OF CLIMATE CHANGE, AND DIRECTS THE CITY TO UTILIZE EPA'S CLIMATE READY WATER UTILITIES INITIATIVE AND EPA'S CLIMATE RESILIENCE EVALUATION AND AWARENESS TOOL VERSION 2.0. A CIVIL PENALTY FOR THE CITY WILL BE DEFERRED AND ASSESSED WHEN A FINAL CD OR OTHER SETTLEMENT IS ENTERED. THE STATE OF MS, ACTING THRU THE MS COMMISSION ON ENVIRONMENTAL QUALITY AND THE MS DEPT OF ENVIRONMENTAL QUALITY, IS A CO-PLAINTIFF AND BROUGHT ITS OWN PARALLEL CLAIMS UNDER STATE LAW, THE MAWPCL, MISS. CODE ANN. 49-17-1 ET SEQ.

Defendants (1)

• GREENVILLE, MISSISSIPPI, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• GREENVILLE POTW

  2900 TREATMENT PLANT ROAD, GREENVILLE, MS, 38701

  Registry ID: 110008515320

Statutes cited

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

Enforcement conclusions (1)

• GREENVILLE, MISSISSIPPI, CITY OF (04-2016-C008)entered 2016-04-04

  Primary law: CWA

Timeline (5 milestones)

• 2013-09-25Enforcement Action Data Entered
• 2013-09-25Referred To Dept Of Justice
• 2016-01-28Complaint Filed With Court
• 2016-01-28Final Order Lodged
• 2016-04-04Final Order Entered