EPA v. EAST CHICAGO SANIT.D

Case summary

NATURE OF THE CASE: ON NOV 12, 1981, THE STATE OF IL FILED SUIT AGAINST ECSD IN THE US DIST CT, NORTHERN DIST OF IN. UPON ECSD'S MOTION, THE EPA & THE STATE OF IN WERE JOINED AS PLAINTIFFS ON JAN 8, 1982. THE CT'S ORDER JOINING THE AGENCY DID NOT SPECIFY A DATE BY WHICH THE AGENCY IS TO FILE ITS COMPLAINT UNDER F.R.C.P. 5. CAUSE OF ACTION: IN SUMMARY, ECSD HAS HABITUALLY VIOLATED ITS NPDES PERMIT. THERE HAS BEEN SUBSTANTIAL FED ENFORCEMNT ACTIVITY, & 2 ADMINISTRATIVE ORDERS HAVE BEEN ISSUED BY THE AGENCY. NEVERTHELESS, ECSD REMAINS IN VIOLAT'N OF THE ORDERS & ITS PERMIT, W/ RESULTANT RISK TO BATHING BEACHES & DRINKING WTR SOURCES. A LITIGATION REPORT REGARDING ECSD HAS BEEN PREPARED BY THE REGION & FORWARDED TO THE DOJ & THE US ATTY'S OFFICE FOR THE N. DIST OF IN. AN ASSISTANT US ATTY HAS PARTICIPATED IN SETTLEMENT NEGOTIATIONS ON BEHALF OF THE AGENCY. UPON THE MOTION OF THE STATE OF IL, A PRELIMINARY INJUNCTION AGAINST THE ECSD WAS ENTERED ON FEB 2, 1982. AS A PRACTICAL MATTER, THE DOJ, THE US ATTY'S OFFICE & THE AGENCY HAVE PROCEEDED W/ THE UNDERSTANDING THAT THE MATTER MAY BE TREATED AS A REFERRAL FOR CIVIL ACTION. CASE AUTHORITY SUGGESTS, HOWEVER, THAT A REQUEST BY THE ADMINISTRATOR (OR HER DESIGNEE) IS A PREREQUISITE FOR A FED ENFORCEMENT ACTION UNDER THE CLEAN WATER ACT. CF., HIGGINBOTHAM V. BARRETT, 473 F.2D 745 (5TH CIR. 1973). PROPOSED REMEDY: BOTH IL & THIS AGENCY ARE HOPEFUL THAT THE CASE CAN BE RESOLVED BY A C.D. & ARE NEGOTIATING TO THAT END. HOW- EVER, WE FEEL OBLIGED TO BE PREPARED FOR TRIAL IF NEC- ESSARY. THE COMPLAINT WOULD BE FILED PURSUANT TO SEC 309(A) OF THE CLEAN WATER ACT TO SEEK A CT ORDER REQUIRING THE NECESSARY EQUIPMENT PURCHASE & OPERATION & MAINTENANCE IMPROVEMENTS & THE ASSESSMENT OF CIVIL PENALTIES IN THE AMT OF $10,000 PER DAY. IT IS ESTIMATED THAT 12 WKS OF ATTY TIME, 5 WKS OF CLERICAL TIME & 16 WKS OF TECHNICAL SUPPORT TIME WILL BE REQUIRED TO PREPARE THE CASE FOR TRIAL. ************************************************************ ************************************************************ ON 06/14/88, THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT INDIANA ENTERED A CONSENT JUDGMENT THAT RESOLVED REGION V'S CWA CIVIL ACTION AGAINST THE EAST CHICAGO SANI- TARY DISTRICT. AMONG OTHER THINGS, THE CONSENT JUDGMENT RE- QUIRED THE SANITARY DISTRICT TO 1)UPGRADE ITS WASTEWATER TREATMENT PLANT; 2) COMPLY WITH VARIOUS EFFLUENT LIMITATIONS 3) UPGRADE ITS SEWER SYSTEM; 4) DEVELOP AND SUBMIT VARIOUS OPERATIONAL REPORTS; AND, 5) PAY A CIVIL PENALTY OF $160,000 TO THE U.S, AND REIMBURSE THE STATE OF ILLINOIS $40,000 FOR ITS ENFORCEMENT EXPENSES. - ALMOST IMMEDIATELY AFTER ENTRY OF THE CONSENT JUDGMENT, EAST CHICAGO EXPERIENCED OPERATING DIFFICULTIES, AND, AS A RESULT VIOLATED VARIOUS EFFLUENT LIMITATIONS CONTAINED IN SECTION III.C OF THE CONSENT JUDGMENT. THESE VIOLATIONS CONTINUED THROUGH THE SPRING OF 1989. - REGION V BELIEVES THAT AN APPROPRIATE COURSE OF ACTION AT THIS POINT IS TO NEGOTIATE A SHORT STIPULATION WITH ECSD THAT WILL REQUIRE IT TI PAY STIPULATED PENALTIES OF $35,000 FOR FINAL EFFLUENT LIMIT VIOLATIONS OF THE CONSENT JUDGMENT.

Defendants (2)

• EAST CHICAGO SANITARY DISTRICTNamed in complaintNamed in settlement
• EAST CHICAGO, INDIANA CITY OFNamed in complaintNamed in settlement

Facilities (1)

• EAST CHICAGO MUNICIPAL SEWAGE TREATMENT PLANT

  5200 INDIANAPOLIS BOULEVARD, EAST CHICAGO, IN, 46312

  Registry ID: 110006645531

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• EAST CHICAGO SANITARY DISTRICTentered 1988-06-14

  Primary law: CWA

  Federal penalty: $160,000

Timeline (7 milestones)

• 1982-04-12Referred To Headquarters
• 1982-06-30Referred To Dept Of Justice
• 1984-08-08Complaint Filed With Court
• 1988-06-14Final Order Lodged
• 1988-06-14Final Order Entered
• 1988-06-14Concluded
• 1990-05-01Enforcement Action Closed