EPA v. Grenada POTW

Case summary

INTERIM ADMINISTRATIVE ORDER ON CONSENT: 5/15/2025 DOCKET NO. CWA-04-2025-1001 PROCEEDING UNDER SECTION 309(a)(3) OF THE CLEAN WATER ACT 33 U.S.C. 1319(a)(3) Dear Mayor Collins: Pursuant to Section 309(a)(3) of the Clean Water Act (CWA), as amended, the Director of the Enforcement and Compliance Assurance Division, U.S. Environmental Protection Agency Region 4, has determined the above-named facility is in violation of Sections 301 and 402 of the CWA. As a result, the Director is issuing the enclosed Section 309 Order. This Order is issued to enforce existing requirements under the CWA and therefore, does not replace, modify or eliminate any other requirement of the CWA. Notwithstanding the issuance of this Section 309(a)(3) Order, the EPA retains the right to bring further enforcement action under Section 309 of the CWA, for the violations cited in this Order and for any other violation of the CWA. Violations of the CWA, including requirements contained in a National Pollutant Discharge Elimination System (NPDES) permit or a Section 309(a)(3) Order, remain subject to a civil penalty of up to $68,445 per day for each violation, pursuant to Sections 309(d) or 309(g) of the CWA, 33 U.S.C. 1319(d) or 1319(g), as amended by the Civil Monetary Penalty Inflation Adjustment Rule, published at 90 Fed. Reg. 1375 (January 8, 2025). Such violations may also be subject to criminal penalties pursuant to Section 309(c) of the CWA, 33 U.S.C. 1319(c). This Order is intended to be an interim measure to allow the City to adequately evaluate the wastewater collection and transmission system (WCTS) and expedite capital improvements to address known major structural and/or mechanical failures within the WCTS. Full compliance with the NPDES permit may require additional enforcement. You may contact Mr. Dennis Sayre at (404) 562-9756, or sayre.dennis@epa.gov if have any questions. For legal questions, please contact Mr. Tyler Sniff, EPA Associate Regional Counsel, at (404) 562-9499 or sniff.tyler@epa.gov.

Defendants (1)

• Grenada POTWNamed in settlement

Facilities (1)

• GRENADA POTW

  108 S MAIN STREET, GRENADA, MS, 38901

  Registry ID: 110008515348

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Grenada POTWentered 2025-05-15

  Primary law: CWA

Timeline (2 milestones)

• 2025-05-15Final Order Issued
• 2025-09-14Enforcement Action Data Entered