EPA v. THE CITY OF SEVIERVILLE (MCCROSKEY ISLAND) SEWAGE TREATMENT PLANT

Case summary

1/17/2025 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. ALLEGED VIOLATIONS: TDEC ISSUED NPDES PERMIT NO. TN0063959 (THE PERMIT ), TO THE CITY FOR THE CITY OF SEVIERVILLE (MCCROSKEY ISLAND) STP. THE PERMIT REQUIRES COMPLIANCE WITH THE EFFLUENT LIMITS AS SET FORTH IN THE PERMIT AND THAT THE CITY MONITOR ITS DISCHARGES AND SUBMIT TO TDEC DESCRIBING THE RESULTS OF THE MONITORING. THE DISCHARGE MONITORING REPORTS ( DMRS ) SUBMITTED TO TDEC BY THE CITY INDICATE THAT THE CITY HAS DISCHARGED POLLUTANTS IN VIOLATION OF THE EFFLUENT LIMITATIONS ESTABLISHED IN ITS PERMIT IN 24 INSTANCES IN THE PERIOD FROM SEPTEMBER 1, 2022, THROUGH MARCH 7, 2024. EFFLUENT PARAMETERS VIOLATED INCLUDE TOTAL SUSPENDED SOLIDS ( TSS ), SETTLEABLE SOLIDS, TOTAL AMMONIA-NITROGEN, E. COLI, AND TSS PERCENT REMOVAL. THE COLLECTION SYSTEM LIMITATIONS VIOLATED INCLUDE DRY WEATHER SANITARY SEWER OVERFLOWS (SSO), AND WET WEATHER SSOS. ON MARCH 7, 2024, THE EPA AND TDEC CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) TO ASSESS THE OVERALL OPERATION OF THE FACILITY. THE CEI IDENTIFIED DEFICIENCIES RELATED TO THE OPERATION AND MAINTENANCE OF FACILITIES AND SYSTEMS FOR COLLECTION AND TREATMENT INCLUDING EFFLUENT VIOLATIONS OF THE PERMIT LIMITS. THE EPA'S FINDINGS AND RECOMMENDATIONS WERE SUMMARIZED IN THE CEI REPORT DATED APRIL 27, 2024. THE VIOLATIONS WERE DESCRIBED IN THE JUNE 5, 2024, EPA NOTICE OF VIOLATION LETTER. THE EPA FINDS THAT THE CITY HAS VIOLATED THE EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SECTION (PART I.A) AND PROPER OPERATIONS AND MAINTENANCE OF POLLUTION CONTROLS SECTION (PART III.B.L) OF THE PERMIT. THE EPA FINDS THAT THE CITY IS IN VIOLATION OF SECTION 301(A) OF THE CWA, 33 U.S.C. ? 1311(A), AND THE REFERENCED PROVISIONS OF THE PERMIT. BASED ON THE FOREGOING FINDING OF FACT AND DETERMINATIONS OF LAW AND PURSUANT TO THE AUTHORITY OF SECTION 309(A) OF THE CWA, 33 U.S.C. ? 1319(A), THE DIRECTOR HEREBY ORDERS AND RESPONDENT HEREBY AGREES AND CONSENTS TO THE PROVISIONS OF THE PARAGRAPHS: 18. WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS AOC, THE CITY SHALL DEVELOP AND SUBMIT TO THE EPA FOR REVIEW AND APPROVAL A CORRECTIVE ACTION PLAN (PLAN) TO DETERMINE THE CAUSE OF THE VIOLATIONS ALLEGED, CORRECT THE VIOLATIONS, AND BRING THE CITY INTO FULL COMPLIANCE WITH THE PERMIT. THE PLAN SHALL INCLUDE A DESCRIPTION OF THE NECESSARY CORRECTIVE ACTION(S) THAT PROVIDE FOR THE ELIMINATION OF EFFLUENT VIOLATIONS OF THE PERMIT AND DRY AND WET WEATHER SSOS. THE PLAN SHALL ALSO INCLUDE A SCHEDULE FOR FULL IMPLEMENTATION THAT DOES NOT EXCEED 180 DAYS FOLLOWING THE EPA'S APPROVAL. 19. THE CITY SHALL SUBMIT TO THE EPA WRITTEN QUARTERLY PROGRESS REPORTS (QUARTERLY REPORTS) THAT INCLUDE: (A) A DESCRIPTION OF THE ACTIONS WHICH HAVE BEEN TAKEN TOWARD ACHIEVING COMPLIANCE WITH THIS AOC DURING THE PREVIOUS THREE MONTHS; (B) AN ASSESSMENT OF THE EFFECTIVENESS OF SUCH ACTIONS IN PREVENTING EFFLUENT VIOLATIONS AND SSOS; (C) A SUMMARY OF ALL EFFLUENT VIOLATIONS AND SSOS THAT OCCURRED DURING THE PREVIOUS THREE MONTHS; (D) AN ANALYSIS OF THE CAUSE OF EACH SUCH EFFLUENT VIOLATION AND SSO; AND (E) A DESCRIPTION OF THE CITY'S PLAN TO ADDRESS AND PREVENT SUCH VIOLATIONS FROM OCCURRING IN THE FUTURE. THE CITY SHALL BEGIN TO SUBMIT THESE QUARTERLY REPORTS TO THE EPA WITHIN THIRTY (30) DAYS AFTER THE END OF THE FIRST THREE MONTHS AFTER THE EFFECTIVE DATE OF THIS AOC AND SHALL CONTINUE TO SUBMIT SUCH REPORTS EVERY THREE MONTHS THEREAFTER UNTIL THE SUBMISSION OF THE FINAL REPORT.

Defendants (1)

• THE CITY OF SEVIERVILLE, TENNESSEENamed in settlement

Facilities (1)

• SEVIERVILLE (MCCROSKEY ISLAND) STP

  2295 MCCROSKEY ISLAND ROAD, SEVIERVILLE, TN, 37862

  Registry ID: 110039851880

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• THE CITY OF SEVIERVILLE (MCCROSKEY ISLAND) SEWAGE TREATMENT PLANTentered 2025-01-17

  Primary law: CWA

Timeline (2 milestones)

• 2025-01-17Final Order Issued
• 2025-04-08Enforcement Action Data Entered