EPA v. ANNISTON WATER WORKS AND SEWER BOARD

Case summary

9/29/2014 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $38,400. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON NOVEMBER 18-19, 2013, THE EPA AND ADEM CONDUCTED A COMPLIANCE EVALUATION INSPECTION ( CEI ) OF THE WCTSs TO FURTHER EVALUATE RESPONDENT'S COMPLIANCE WITH THE PERMITS AND THE CWA. BASED ON ITS REVIEW OF INFORMATION OBAINED FROM THE INFORMATION REQUEST AND/OR OBSERVATIONS MADE DURING ITS INSPECTION, THE EPA FOUND THAT RESPONDENT HAD EXPERIENCED NUMBEROUS SSOs FROM THE WCTSs. RESPONDENT HAS VIOLATED SECTION 301(a) OF THE CWA, IN THAT SOME RESPONDENT'S SSOs INCLUDE DISCHARGES OF UNTREATED WASTEWATER CONTAINING POLLUTANTS TO NAVIGABLE WATERS AT POINT SOURCE LOCATINS NOT AUTHORIZED BY AN NPDES PERMIT. RESPONDENT HAS VIOLATED CONDITION II.A.1 OF THE PERMITS BY FAILING TO PROPERLY OPERATE AND MAINTAIN ITS WCTS RESULTING IN SSOs THAT INCLUDE DISCHARGES OF UNTREATED WASTEWATER CONTAINING POLLUTANTS TO NAVIGABLE WATERS AT POINT SOURCE LOCATIONS NOT AUTHORIZED BY AN NPDES PERMIT AND OVERFLOWS OF RAW SEWAGE THAT DID NOT REACH NAVIGABLEWATERS INCLUDING BUILDING BACKUPS CAUSED BY FLOW CONDITIONS IN RESPONDENT'S WCTS.

Defendants (1)

• ANNISTON WATER WORKS AND SEWER BOARDNamed in complaintNamed in settlement

Facilities (7)

• MCCLELLAN WWTP

  6112 MCCLELLAN BOULEVARD, ANNISTON, AL, 36206

  Registry ID: 110055973932

• CHOCCOLOCCO CREEK WWTP

  35 FRIENDSHIP ROAD, OXFORD, AL, 36203

  Registry ID: 110055973923

• CHOCCOLOCCO CREEK WWTP

  35 FRIENDSHIP ROAD, OXFORD, AL, 36203

  Registry ID: 110055973923

• CHOCCOLOCCO CREEK WWTP

  35 FRIENDSHIP ROAD, OXFORD, AL, 36203

  Registry ID: 110055973923

• CHOCCOLOCCO CREEK WWTP

  35 FRIENDSHIP ROAD, OXFORD, AL, 36203

  Registry ID: 110055973923

• CHOCCOLOCCO CREEK WWTP

  35 FRIENDSHIP ROAD, OXFORD, AL, 36203

  Registry ID: 110055973923

• CHOCCOLOCCO CREEK WWTP

  35 FRIENDSHIP ROAD, OXFORD, AL, 36203

  Registry ID: 110055973923

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• ANNISTON WATER WORKS AND SEWER BOARDentered 2014-09-29

  Primary law: CWA

  Federal penalty: $38,400

Timeline (5 milestones)

• 2014-09-29Final Order Issued
• 2014-09-29Complaint Filed/Proposed Order
• 2014-09-29Enforcement Action Data Entered
• 2014-10-07NPDES Closed
• 2014-10-07Enforcement Action Closed