EPA v. LOWELL & CEDAR LAKE, TOWNS OF

Case summary

LOWELL OPERATES A PLANT THAT TREATS SEWAGE FROM LOWELL AND FROM THE TOWN OF CEDAR LAKE. THE PLANT WAS CONSTRUCTED WITH FEDERAL FUNDS AND IS DESIGNED TO TREAT AN AVERAGE OF TWO MILLION GALLONS OF WASTE WATER PER DAY. THE NPDES PERMIT HELD BY LOWELL AUTHORIZES THE DISCHARGE OF EFFLUENT FROM THE PLANT INTO CEDAR CREEK. THE PERMIT PROHIBITS ANY DIVERSION OR BYPASS EXCEPT WHERE UNAVOIDABLE TO PREVENT LOSS OF LIFE, SEVERE PROPERTY DAMAGE, EXTENDED DURATION PROCESS UPSET OR WHERE EXCESSIVE STORM RUNOFF WOULD DAMAGE THE FACILITY. ALTHOUGH LOWELL INITIALLY MET ITS PERMIT'S EFFLUENT LIMITS, MONTHLY OPERATING REPORTS FROM 1980 TO THE PRESENT SHOW RECURRING VIOLATIONS OF LIMITS FOR FLOW, BIOCHEMICAL OXYGEN DEMAND (BOD), AND TOTAL SUSPENDED SOLIDS (TSS). THE OPERATING REPORTS DEMONSTRATE THAT THE PLANT IS HYDRAULICAL- LY OVERLOADED. THE HYDRAULIC OVERLOAD IS CAUSED IN LARGE PART BY SEVERE INFILTRATION AND INFLOW OF STORM WATER INTO THE TOWN OF CEDAR LAKE COLLECTION SYSTEM. IN ADDITION TO DISCHARGES OF IMPROPERLY TREATED SEWAGE FROM THE PLANT, LOWELL IS RESPONSIBLE FOR DISCHARGES OF UN- TREATED SEWAGE FROM AN UNPERMITTED OUTFALL. LOWELL IN- STALLED AND DURING 1981 AND 1982 OPERATED A VALVE IN AN IN- TERCEPTOR LINE SERVING THE TOWN OF CEDAR LAKE. LOWELL OPER- ATED THE VALVE IN ORDER TO DECREASE THE MAXIMUM FLOW OF SEW- AGE INTO ITS PLANT. THE RESTRICTION OF FLOW DURING STORM CONDITIONS RESULTED IN DISCHARGES OF UNTREATED SEWAGE FROM A MANHOLE IN THE INTERCEPTOR LINE. THE UNTREATED SEWAGE WOULD THEREAFTER FLOW ONTO FARM PROPERTY ADJACENT TO THE LINE. THE TOWN OF CEDAR LAKE OWNS THE MANHOLE FROM WHICH THE UN- TREATED SEWAGE IS DISCHARGED. IN AN ATTEMPT TO PREVENT ADDITIONAL DISCHARGES OF SEWAGE FROM THE LINE, IN AUGUST 1982 LOWELL AND THE TOWN OF CEDAR LAKE CONSTRUCTED A BYPASS AT THE TREATMENT PLANT. THE STATE OF INDIANA HAS APPROVED CONSTRUCTION OF THE BYPASS. HOWEVER, LOWELL HAS FAILED TO REQUEST A PERMIT MODIFICATION. INDIANA HAS NOT LIMITED THE PERIOD WITHIN WHICH LOWELL MAY USE THE BYPASS, AND HAS NOT IMPOSED USE OR MONITORING RE- QUIREMENTS REGARDING THE BYPASS. IN JULY 1981, THE DIRECTOR, ENFORCEMENT DIVISION, REGION V, ISSUED AN ORDER REQUIRING LOWELL TO SUBMIT REPORTS DESCRIBING (1) THE TOWN'S PRETREATMENT PROGRAM, (2) A PRO- POSAL TO ACHIEVE COMPLIANCE WITH PRETREATMENT REGULATIONS, AND (3) A PROPOSAL TO ENSURE RELIABLE OPERATION OF THE PLANT. DURING THE LAST YEAR, LOWELL HAS EXPENDED FUNDS TO REHABILITATE ITS SEWER SYSTEM IN AN EFFORT TO LESSEN INFIL- TRATION AND INFLOW. THE ADMINISTRATIVE ORDER HAS BEEN IN- EFFECTIVE TO BRING THE PLANT INTO COMPLIANCE OR TO INDUCE INDIANA TO INITIATE APPROPRIATE ENFORCEMENT ACTION.

Defendants (1)

• LOWELL, IN, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• LOWELL WASTEWATER TRMT PLT

  7500 BELLSHAW RD, LOWELL, IN, 46356

  Registry ID: 110000732039

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• LOWELL & CEDAR LAKE, TOWNS OFentered 1986-03-13

  Primary law: CWA

  Federal penalty: $40,000

Timeline (8 milestones)

• 1983-01-28Referred To Headquarters
• 1983-03-14Referred To Dept Of Justice
• 1983-06-24Referred TO U.S. Attorney
• 1983-07-06Complaint Filed With Court
• 1986-03-13Final Order Lodged
• 1986-03-13Final Order Entered
• 1986-03-13Concluded
• 1990-02-02Enforcement Action Closed