EPA v. CINCINNATI(MUN) (METROPOLITAN SEWER DISTRICT)

Case summary

RE: 9/26/88 CIVIL CONTEMPT THE LITIGATION REPORT DOCUMENT SERIOUS VIOLATIONS OF A CON SENT DECREE INVOLVING THE METROPOLITAN SEWER DIST OF GREATER CINCINNATI, OHIO ( MSDGC ). BACKGROUND: ON AUGUST 16, 1985, CHIEF U.S. DIST JUDGE CARL RUBIN EN- TERED A CONSENT DECREE RESOLVING A CLEAN WATER ACT ( ACT ) CIVIL ACTION FILED BY THE U.S. AGAINST MSDGC, HAMILTON CNTY, OHIO, AND THE CITY OF CINCINNATI, OHIO ( THE DEFENDANTS ). THAT CONSENT DECREE REQUIRES THE DEFENDANTS TO UNDERTAKE MAJ OR CONSTRUCTION IMPROVEMENT AT THE MILL CREEK WASTEWATER TREATMENT PLANT, PERFORM A STORMWATER ANALYSIS STUDY OF CON- TROL COMBINED SEWER OVERFLOWS, AND COMPLY WITH ALL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NDPES ) PERMIT RE- QUIREMENTS. VIOLATIONS OF DECREE: SINCE ENTRY OF THE DECREE IN 1985, MSDGC HAS VIOLATED A NUMBER OF IMPORTANT PROVISIONS OF THAT DOCUMENT. IN PARTICU LAR, THE MSDGC HAS VIOLATED CONSTRUCTION SCHEDULE REQUIRE- MENTS, EXCEEDED NPDES PERMIT LIMITATIONS, FAILED TO PERFORM STORMWATER ANALYSIS STUDY REQUIREMENTS, AND FAILED TO COMPLY WITH THE PRETREATMENT REQUIREMENTS OF THE DECREE AT THE MILL CREEK PLANT. CONCLUSION: REGION V HAS CONCLUDED THAT THE DEPT OF JUSTICE SHOULD INITIATE CONTEMPT PROCEEDINGS AGAINST THE DEFENDANTS. THE MILL CREEK PLANT IS ONE OF THE LARGEST WASTEWATER TREATMENT PLANTS IN REGION V. THE PLANT HAS, HISTORICALLY, BEEN A MAJ POLLUTER OF THE OHIO RIVER. I BELIEVE IT IS IMPERATIVE THAT THE DEFENDANTS COMPLY WITH ALL CONSENT DECREE REQUIREMENTS TO ENSURE THAT THIS PLANT IS OPERATING IN COMPLIANCE WITH ALL LAWS AND REGULATIONS. RECOMMENDATION: REGION V RECOMMENDS ATTEMPTING TO NEGOTIATE A SETTLEMENT WITH THE DEFENDANTS FOR A FIVE HUNDRED THOUSAND ($500,000) CASH STIPULATED PENALTY AND NEW CONSTRUCTION SCHEDULE.

Defendants (3)

• CINCINNATI, OHIO CITY OFNamed in complaintNamed in settlement
• HAMILTON CNTY BOARD OF CNTY COMMISSIONERNamed in complaintNamed in settlement
• OHIO, STATE OFNamed in complaintNamed in settlement

Facilities (1)

• CINTI MSD MILL CREEK TREATMENT PLANT

  1600 GEST ST, CINCINNATI, OH, 452042096

  Registry ID: 110000554677

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• HAMILTON CNTY OHIO BD OF COMentered 1985-08-16

  Primary law: CWA

  Federal penalty: $750,000

Timeline (6 milestones)

• 1983-09-07Referred To Headquarters
• 1983-09-22Referred To Dept Of Justice
• 1985-03-11Complaint Filed With Court
• 1985-08-16Final Order Lodged
• 1985-08-16Final Order Entered
• 1985-08-16Concluded