EPA v. THE CITY OF PORTLAND, TENNESSEE

Case summary

SEPTEMBER 18, 2026 - ADMINISTRATIVE ORDER ON CONSENT This Administrative Order on Consent (Order) is issued pursuant to the authority vested in the Administrator of the EPA by Section 309(a) of the Clean Water Act (CWA), 33 U.S.C. 1319(a), as amended, which has been delegated to the Regional Administrator, EPA Region 4, and redelegated by the Regional Administrator to the Director of the Enforcement and Compliance Assurance Division. The City of Portland, Tennessee (City) is a municipality existing under the laws of the State of Tennessee and is a person within the meaning of Section 502(5) of the CWA, 33 U.S.C. 1362(5), and thus subject to its requirements. The City owns and operates a Sewage Treatment Plant (STP) including a Wastewater Collection and Transmission System (WCTS) that connects to the Portland STP located at 122 Morningside Drive, Portland, Tennessee 37148. This STP discharges pollutants from a point source into Summers Branch of the Red River, a navigable water as defined at Section 502(7) of the CWA, 33 U.S.C. 1362(7). The Tennessee Department of Environment and Conservation (TDEC) issued NPDES Permit No. TN0021865 (Permit) to the City for t he STP for the discharge of treated domestic and industrial sanitary wastewaters into navigable waters subject to specific terms and conditions. The Permit became effective on Sept. 1, 2024, and expires on Aug. 31, 2029. On October 22, 2024, the EPA and the TDEC conducted a Compliance Evaluation Inspection (CEI) of the STP and associated WCTS pursuant to Section 308 of the CWA, 33 U.S.C. 1318, to evaluate the City's compliance with its Permit and the CWA. Based on observations made during the October 2024 inspection and subsequently provided information, the EPA found that the City has 18 Recurring SSO locations in the City's WCTS that are subject to the moratorium requirements of Section 2.3.2(e) of the Permit. The City failed to properly operate and maintain the STP's WCTS in accordance with its Permit, and it violated the CWA when the City discharged wastewater from locations in the WCTS not authorized by the Permit. The City has violated Section 301(a) of the CWA, 33 U.S.C. 1311(a), in that many of the City's SSOs include discharges of untreated wastewater containing pollutants to navigable waters at locations not authorized by an NPDES permit. The City has violated Section 2.1.3 of its NPDES Permit, issued pursuant to Section 402 of the CWA, 33 U.S.C. 1342, by failing to properly operate and maintain its WCTS, resulting in SSOs. Based on the above, the Director finds that the City is in violation of Section 301 of the CWA, 33 U.S.C. 1311, and the above referenced provisions of its NPDES permit.

Defendants (1)

• THE CITY OF PORTLAND, TENNESSEENamed in settlement

Facilities (1)

• PORTLAND STP

  124 MORNINGSIDE DRIVE, PORTLAND, TN, 37148

  Registry ID: 110006521031

Statutes cited

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

Enforcement conclusions (1)

• THE CITY OF PORTLAND, TENNESSEEentered 2026-09-18

  Primary law: CWA

Timeline (2 milestones)

• 2026-09-18Final Order Issued
• 2026-09-23Enforcement Action Data Entered