EPA v. ALEXANDER CITY, ALABAMA

Case summary

10/17/2014 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $23,200, DUE WITHIN 30 DAYS. EPA ISSUED AN ADMINISTRATIVE COMPLIANCE ORDER (CWA-04-2014-4762) ALLEGING THAT RESPONDENT WAS IN VIOLATION OF OF SECTION 301 OF THE CWA AND ITS NPDES PERMIT. RESPONDENT ASSERTED IN THE AOC THAT THE NUMBER OF SSOs HAS BEEN TRENDING DOWNWARD AND THAT THE NUMBER OF SSOs THAT OCCURRED IN 2013/2014 IS LESS THAN 40% OF THE NUMBER OF SSOs THAT OCCURRED IN 2008/2009. RESPONDENT ASSERTED THTA THE DOWNWARD TREND IN SSO EVENTS IS A RESULT OF ITS IMPLEMENTATION OF MULTIPLE CMOM PROGRAMS CONCENTRATION ON REDUCING SSOs IN THE WCTS. THE AOC ALLEGED THAT THE RESPONDENT VIOLATED CWA SECTION 301(a) BY DISCHARGING UNTREATED WASTEWATER CONTAINING POLLUTANTS TO NAVIGABLE WATERS AT LOCATIONS NOT AUTHORIZED BY AN NPDES PERMIT. THE AOC FURTHER ALLEGED THAT RESPONDENT VIOLATED CONDITION II.A.1 OF THE PREMITS BY FAILING TO PROPERLY OPERATE AND MAINTAIN ITS WCTSs RESULTING IN SSOs THAT INCLUDED DISCHARGES OF POLLUTANTS TO NAVIGABLE WATERS AT POINT SOURCE LOCATIONS NOT AUTHORIZED BY AN NPDES PERMIT.

Defendants (1)

• ALEXANDER CITY, ALABAMANamed in complaintNamed in settlement

Facilities (1)

• SUGAR CREEK ADVANCED WWTP

  2515 SUGAR CREEK ROAD, ALEXANDER CITY, AL, 35010

  Registry ID: 110055973898

Statutes cited

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

Enforcement conclusions (1)

• ALEXANDER CITY, ALABAMAentered 2014-10-17

  Primary law: CWA

  Federal penalty: $23,200

Timeline (5 milestones)

• 2013-11-21Enforcement Action Data Entered
• 2014-10-17Final Order Issued
• 2014-10-17Complaint Filed/Proposed Order
• 2014-11-18NPDES Closed
• 2014-11-18Enforcement Action Closed