EPA v. GARY SANITARY DISTRICT

Case summary

NATURE OF THE CASE THE CITY OF GARY, INDIANA, THROUGH THE GARY SANITARY DISTRICT, OPERATES AND MAINTAINS A WASTEWATER TREATMENT FACILITY IN GARY, INDIANA. THE CITY OF GARY AND THE GARY SA NITARY DISTRICT HAVE A HISTORY OF NONCOMPLIANCE WITH THE CLEAN AIR ACT. ON JUNE 15, 1983, A CONSENT JUDGMENT ORDER WAS ENTERED IN THE U.S. DISTRICT COURT, NORTHERN DISTRICT OF INDIANA, SETTING FORTH OPERATIONAL STANDARDS, SCHEDULES AND REPORTING REQUIREMENTS. SINCE THAT TIME, THE REGION HAS DOCUMENTED NUMEROUS VIOLATIONS OF THE CONSENT JUDGMENT ORDER. AS FURTHER REFLECTED IN THIS ATTACHED REPORT, MANY VIOLATIONS CAN BE ATTRIBUTED TO INADEQUATE PERSONNEL, POOR TRAINING AND FACILITY MISMANAGEMENT. CAUSE OF ACTION THE CAUSE OF ACTION IS THE DEFENDANTS' FAILURE TO COM- PLY WITH THE CONSENT JUDGMENT ORDER. U.S. EPA HAS THE AUTHO RITY TO BRING THIS CONTEMPT ACTION UNDER THE COURT'S EQUITA- BLE JURISDICTION TO ENFORCE THE PROVISIONS OF THE ORDER. SECTION XVI PROVIDES THAT ANY FAILURE TO COMPLY WITH THE TER MS OF THE CONSENT JUDGMENT SHALL BE CAUSE FOR A CONTEMPT HEA RING AND SECTION XVII PROVIDES THAT THE ORDER WILL BE EFFECT IVE UNTIL THE DEFENDANTS ACHIEVE EACH AND EVERY REQUIREMENT. PROPOSED REMEDIES REGION V RECOMMENDS SEEKING THE FOLLOWING RELIEF: AN ORDER REQUIRING EXPEDITIOUS COMPLIANCE WITH THE CONSENT JUDGMENT ORDER; INJUNCTIVE RELIEF TO PREVENT FURTHER VIO- LATIONS OF THE CONSENT JUDGMENT ORDER, TO REQUIRE A PERMAN- ENT SLUDGE HANDLING METHOD AND TO REQUIRE REMOVAL OR STAB- ILIZATION OF THE SLUDGE IN THE RALSTON STREET LAGOON; AND STIPULATED PENALTIES AS PROVIDED IN THE CONSENT JUDGMENT ORDER. ISSUES OF NATIONAL AND PRECEDENTIAL SIGNIFICANCE THE CONTINUOUS COMPLIANCE PROBLEMS ARE RELATED TO THE MISMANAGEMENT OF THE SANITARY DISTRICT, INCLUDING STAFFING, TRAINING, BUDGETARY AND MAINTENANCE ISSUES. THE REGION IS R ECOMMENDING SEEKING AN ORDER DESIGNATING THE MAYOR AS THE ADMINISTRATOR OF THE GARY SANITARY DISTRICT, RESPONSIBLE FOR ITS COMPLIANCE AND OPERATIONS. THIS REQUEST FOR RELIEF RELIES ON AND IS CONSISTENT WITH U.S. V. CITY OF DETROIT, 476 F. SUPP. 512 (E.D. MICH. 1979), AND WOULD PROVIDE FURTHER PRECEDENTIAL SUPPORT FOR SUCH RELIEF IN ENVIRON- MENTAL CASES. - DIRECT REFERRAL OF CONTEMPT MOTION AGAINST THE CITY OF GARY AND GARY SANITARY DISTRICT. GSD CONTINUES TO VIOLATE NUMEROUS PROVISIONS FO THE SEPT. 8, 1987, MODIFIED CONSENT DECREE. THE VIOLATIONS INCLUDE: INADEQUATE SAMPLING, INADEQUATE REPORTING, FAILURE TO PRO- PERLY OPERATE AND MAINTAIN EXISTING EQUIPMENT, FAILURE TO MEET NPDES PERMIT LIMITATIONS AND BYPASSES. ALTHOUGH GSD HAS ALSO NOT MET THE MCD'S SCHEDULE TO PROVIDE INTERIM AND FINAL STABILIZATION TO ITS PCB-CONTAINING LAGOON, THE IN- ABILITY OF GSD TO OPERATE THE WASTEWATER TREATMENT PLANT IN COMPLIANCE WITH THE MCD AND THE CLEAN WATER ACT IS THE PRIMARY FOCUS OF THIS REFERRAL. - GSD HAS FAILED TO PROPERLY STAFF THE PLANT, FAILED TO MAIN- TAIN EXISTING EQUIPMENT AND FAILED TO PROPERLY OPERATE ITS FACILITY DESPITE ALMOST CONTINUOUS LITIGATION SINCE THE 1970'S. BECAUSE MANY OF GSD'S PROBLEMS ARE THE RESULT OF MANAGEMENT FAILURES, REGION V RECOMMENDS THAT THE AGENCY RE- QUEST THE COURT TO APPOINT A SPECIAL MASTER TO IMPLEMENT THE PROGRAMS THAT WILL BE NECESSARY FOR THE PLANT TO ACHIEVE COM PLIANCE. - THE U.S. EPA IS CURRENTLY INVOLVED

Defendants (2)

• GARY SANITARY DISTRICTNamed in complaintNamed in settlement
• GARY, CITY OFNamed in complaintNamed in settlement

Facilities (2)

• GARY SANITARY DISTRICT WWTP

  3600 W 3RD AVE, GARY, IN, 46402

  Registry ID: 110009284540

• GARY SANITARY DISTRICT WWTP

  3600 W 3RD AVE, GARY, IN, 46402

  Registry ID: 110009284540

Statutes cited

• CWA 311 — Oil and Hazardous Substance Liability
• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• CITY OF GARY/GARY SANITARY DISentered 1992-10-23

  Primary law: CWA

  Federal penalty: $1,000,000

Timeline (8 milestones)

• 1984-02-07Enforcement Action Data Entered
• 1984-06-29Referred To Headquarters
• 1984-07-31Referred To Dept Of Justice
• 1984-09-28Complaint Filed With Court
• 1992-10-23Final Order Lodged
• 1992-10-23Final Order Entered
• 1992-10-23Concluded
• 1992-10-23Enforcement Action Closed