EPA v. EDEN, NC, CITY OF ( EDEN-MEBANE BRIDGE WWTP)

Case summary

4/18/17 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. ON DEC 28, 2011, EPA ISSUED AO CWA-04-2012-4758 TO THE CITY FOR VIOLATION OF THE CWA AND THE PERMIT AS A RESULT OF SSOs. PURSUANT TO THE 2011 AO, THE CITY DEVELOPED AND IMPLEMENTED THE FOLLOWING MANAGEMENT, OPERATION AND MAINTENANCE (MOM) PROGRAMS: A PUMP STATION OPERATIONS PROGRAM (DATED JULY 2, 2014); A PUMP STATION PREVENTIVE MAINTENANCE PROGRAM (DATED AUG 28, 2014); A SANITARY SEWER OVERFLOW RESPONSE PLAN (DATED JULY 2, 2014); AND A SYSTEM EVALUATION AND REHABILITATION PLANS (SERP) WHICH CONSISTS OF A CAPACITY ASSESSMENT (DATED APR 27, 2015); A SEWER SYSTEM EVALUATION SURVEY (DATED JAN 27, 2015); AND A WCTS REMEDIATION PLAN (DATED JUNE 2015, SUBSEQUENT REVISIONS ON OCT 14, 2015 AND AUG 1, 2016). THE COMPLIED WITH THE AO EXCEPT AS RELATED TO THE TIMEFRAME FOR COMPLETION OF THE REMEDIATION PROJECTS PRESCRIBED IN THE WCTS REMEDIATION PLAN. THE CITY STATED IN THE OCT 14, 2015, WCTS REMEDIATION PLAN SUBMITTAL THAT IT WAS NOT ABLE TO FINANCE THE PROPOSED REMEDIATION PROJECTS WITHIN THE 2 YEAR TIMEFRAME PRESCRIBED IN THE AO. FOLLOWING THE DISCOERY OF AVAILABILITY OF A NEW FUNDING SOURCE, ON AUG 1, 2016, THE CITY SUBMITTED A REVISED WCTS REMEDIATION PLAN WHICH PROVIDED FOR A 5-YR IMPLEMENTATION SCHEDULE FOR THE PROPOSED REMEDIAL MEASURES. UPON ISSUANCE OF THIS AOC, EPA HEREBY APPROVES THE REVISED WCTS REMEDIATION PLAN, DATED AUG 1, 2016 AND CLOSES THE 2011 AO. PURSUANT TO THE AO, THE CITY REPORTED TO EPA CONTINUING OCCURRENCES OF SOOs FROM THE WCTS. THE CITY HAS VIOLATED CWA 301(a) IN THAT THE CITY HAS DISCHARGED UNTREATED WASTEWATER CONTAINING POLLUTANTS TO THE NAVIGABLE WATER(S) AT LOCATIONS NOT AUTHORIZED BY AN NPDES PERMIT. THE CITY HAS VIOLATED PART 1.2 OF ITS PERMIT BY FAILING TO PROPERLY OPERATE AND MAINTAIN ITS POTW RESULTING IN SSOs FROM THE WCTS. BASED ON THE ABOVE, EPA FINDS THAT THE CITY IS IN VIOLATION OF CWA 301 AND PART 1.2 OF ITS PERMIT. ORDER ON CONSENT: THE CITY SHALL IMPLEMENT THE REVISED WCTS REMEDIATION PLAN, DATED AUG 1, 2016, INCLUDING THE COMPLETION OF REMEDIATION PROJECTS IN THIS ORDER. THE CITY SHALL COMPLETE THESE REMEDIATION PROJECTS NO LATER THAN FEB 28, 2022. THE CITY SHALL CONTINUE TO IMPLEMENT AND REVISE WHICH NECESSARY THE OTHER ONGOING MOM PROGRAMS DEVELOPED THRU THE 2011 AO. THESE PROGRAMS INCLUDE THE PUMP STATION OPERATIONS PROGRAM (DATED JULY 2, 2014), THE PUMP STATION PREVENTIVE MAINTENANCE PROGRAM (DATED AUG 28, 2014), AND THE SSO RESPONSE PLAN (DATED JULY 2, 2014). THE GOAL OF THE WCTS REMEDIATION PLAN AND THE OTHER MOM PROGRAMS SHALL BE TO ELIMINATE ALL SSOs.

Defendants (1)

• EDEN, NC, CITY OF (EDEN-MEBANE BRIDGE WWTP)Named in settlement

Facilities (4)

• MEBANE BRIDGE WWTP

  204 MEBANE BRIDGE RD, EDEN, NC, 27288

  Registry ID: 110000573157

• MEBANE BRIDGE WWTP

  204 MEBANE BRIDGE RD, EDEN, NC, 27288

  Registry ID: 110000573157

• MEBANE BRIDGE WWTP

  204 MEBANE BRIDGE RD, EDEN, NC, 27288

  Registry ID: 110000573157

• MEBANE BRIDGE WWTP

  204 MEBANE BRIDGE RD, EDEN, NC, 27288

  Registry ID: 110000573157

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• EDEN, NC, CITY OF ( EDEN-MEBANE BRIDGE WWTP)entered 2017-04-18

  Primary law: CWA

Timeline (2 milestones)

• 2017-04-18Final Order Issued
• 2017-06-29Enforcement Action Data Entered