EPA v. BOONEVILLE, CITY OF

Case summary

THE CITY OF BOONVILLE, INDIANA, OWNS AND OPERATES A PUB- LICLY-OWNED WASTEWATER TREATMENT WORKS (POTW) THAT TREATS WASTEWATER FROM RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL SOURCES LOCATED IN BOONVILLE, WARRICK COUNTY, INDIANA. FOR THE PAST SEVERAL YEARS, THE CITY HAS BEEN IN SERIOUS VIO- LATION OF NPDES REQUIREMENTS. MORE SIGNIFICANTLY, IT HAS SUBMITTED FALSE AND INACCURATE EFFLUENT MONITORING DATA TO U.S. EPA. LABORATORY METHODOLOGIES TO MONITOR THE EFFLUENT, AS REQUIRED TO BE CONDUCTED BY THE CITY'S NPDES PERMIT, ARE HAPHAZARD AND IMPROPER. FURTHER, THESE LABORATORY METH- ODOLOGIES WERE THE SUBJECT OF A U.S. EPA ADMINISTRATIVE OR- DER THAT REQUIRED COMPLIANCE WITH RELEVANT PERMIT REQUIRE- MENTS. THE RESPONSE TO THE U.S. EPA ADMINISTRATIVE ORDER CONTAINED SIGNIFICANT MISREPRESENTATIONS OF FACT. ADDI- TIONALLY, MONITORING DATA HAS NOT BEEN RETAINED, AS RE- QUIRED, AS REQUIRED BY THE CITY'S NPDES PERMIT. FINALLY, U.S. EPA HAS LEARNED, AS A RESULT OF A COMPLIANCE EVALUATION INSPECTION (CEI) IN APRIL OF THIS YEAR, THAT THE OPERATORS OF THIS FACILITY CEASE CHLORINATION OF THE DISCHARGE BETWEEN THE HOURS OF 6:00 PM AND 6:00 AM. THIS IS ALSO A VIOLATION OF THE CITY'S NPDES REQUIREMENT. BECAUSE OF THE POTENTIAL CRIMINAL IMPLICATIONS OF THESE ALLEGED VIOLATIONS, THE RE- GION V CRIMINAL INSPECTION DIVISION HAS BEEN NOTIFIED ABOUT THESE MATTERS. WHILE ANY ONE OF THESE VIOLATIONS CAN BE DESCRIBED AS SERIOUS, TAKEN AS A WHOLE THESE VIOLATIONS CONSTITUTE A SERIOUS AFFRONT TO THE LARGE NUMBERS OF RESPONSIBLE POTW OPERATORS THROUGHOUT THE NATION, AND A DIRECT CHALLENGE TO SELF-MONITORING ASPECTS OF THE CLEAN WATER ACT, ITSELF. RE- GION V SUBMITS THAT SWIFT, FIRM ACTION IS REQUIRED NOT ONLY TO SEND A CLEAR MESSAGE TO POTWS THROUGHOUT THE COUNTRY THAT SUCH ACTION WILL NOT BE TOLERATED. 12/26/89 - CONTEMPT REFERRAL THE DIRECT LITIGATION REPORT THAT DOCUMENTS VIOLATIONS OF THE CLEAN WATER ACT CONSENT JUDGMENT ENTERED BY THE U.S. DIST COURT FOR THE SOUTHERN DIST OF INDIANA ON APRIL 16, 19 87. SPECIFICIALLY, BOONVILLE WAS REQUIRED TO COMPLETE A NUM BER OF PROJECTS UNDER THE CONSENT JUDGMENT IN ORDER TO UP- GRADE ITS WASTEWATER TREATMENT PLANT AND TO UPGRADE ITS SEW- ER SYSTEM. THE CITY HAS VIOLATED FINAL EFFLUENT LIMITATIONS AND IN DOING SO HAS INCURRED STIPULATED PENALTIES. REQUESTED RELIEF: REGION V BELIEVES THAT AN APPROPRIATE COURSE OF ACTION AT THIS POINT IS TO NEGOTIATE A NEW COMPLIANCE SCHEDULE TO ENSURE THAT THE CITY COMPLETES ALL PROJECTS REQUIRED OF IT UNDER THE 1987 CONSENT JUDGMENT. ADDITIONALLY, REGION V RE- COMMENDS THAT THE CITY PAY STIPULATED PENALTIES OF FIFTEEN THOUSAND DOLLARS ($15,000) FOR FINAL EFFLUENT VIOLATIONS OF THE CONSENT JUDGMENT.

Defendants (2)

• BOONEVILLE, CITY OFNamed in complaintNamed in settlement
• INDIANA, STATE OFNamed in complaintNamed in settlement

Facilities (1)

• BOONVILLE MUNICIPAL WWTP

  1005 SR 62 W, BOONVILLE, IN, 47601

  Registry ID: 110039952245

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BOONEVILLE, CITY OFentered 1987-02-12

  Primary law: CWA

  Federal penalty: $26,000

Timeline (7 milestones)

• 1983-09-30Referred To Headquarters
• 1983-11-15Referred To Dept Of Justice
• 1984-07-11Complaint Filed With Court
• 1987-02-12Final Order Lodged
• 1987-02-12Final Order Entered
• 1987-02-12Concluded
• 1991-07-09Enforcement Action Closed